Wheeler v. Single
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. This action was commenced in 1883 by the plaintiff, as administrator of the estate of Charles A. Single, late of the county of Marathon, who died in 1880, against the widow of the intestate. It was brought'by direction of the county court, pursuant to sec. 3832, R. S., the assets of the estate in the hands of the plaintiff being insufficient to pay the claims allowed against the estate.
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APPEAL from the Circuit Court for Marathon County. This action was commenced in 1883 by the plaintiff, as administrator of the estate of Charles A. Single, late of the county of Marathon, who died in 1880, against the widow of the intestate. It was brought'by direction of the county court, pursuant to sec. 3832, R. S., the assets of the estate in the hands of the plaintiff being insufficient to pay the claims allowed against the estate. The objects of the action are (1) to set aside a conveyance of real estate executed by the intestate to his brother, and certain mesne convejmnces executed by…
1Opinion of the CourtLyon, J.
The first cause of action stated in the complaint is to cancel and remove from the records certain conveyances, which are alleged to have been executed in fraud of the creditors of the plaintiff’s intestate; and the second is to-restore an altered or mutilated deed, and the record thereof. Undoubtedly, these are proper subjects of equitable cognizance, the gravamen of both being alleged frauds, and to remove clouds upon title to land. Sec. 3832, R. S., fairly construed, confers upon the administrator power to bring this action.
The controlling questions to be determined on this appeal are: (1)…
2Cases cited2 opinions
- Rogers v. RogersWisconsin Supreme Court · 1881
- Wilke v. WilkeWisconsin Supreme Court · 1871
3Cited by10 opinions
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Jameson v. GoodwinSupreme Court of Oklahoma · 1914
- Scobey v. WalkerIndiana Supreme Court · 1888
- Wheeler & Wilson Manufacturing Co. v. MonahanWisconsin Supreme Court · 1885
- Citizens Bank v. TaylorSupreme Court of Georgia · 1929
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