Grady v. Maloso
Wisconsin Supreme Court
' Appeal from an order of the circuit court for Waupaca eounty: Chas. M. Webb, Circuit Judge. - The plaintiffs Michdel Grady and Marry Royal brought this action against the defendants, James Cannon, Albert E. Dedolph, John Maloso, George Hazer (administrator of the estate of Isaac Brown, deceased), and Mattie L. Cottrell and Edmund EL Gibson (as executors of the will of Horton Cottrell, deceased), for the partition of lot 9 in block 6, and lot 3 in block 14, in Millerd &…
Read the full summary
' Appeal from an order of the circuit court for Waupaca eounty: Chas. M. Webb, Circuit Judge. - The plaintiffs Michdel Grady and Marry Royal brought this action against the defendants, James Cannon, Albert E. Dedolph, John Maloso, George Hazer (administrator of the estate of Isaac Brown, deceased), and Mattie L. Cottrell and Edmund EL Gibson (as executors of the will of Horton Cottrell, deceased), for the partition of lot 9 in block 6, and lot 3 in block 14, in Millerd & Taft’s plat of the city of New London, Waupaca county, of which premises Michael Grady died seised, September 8, 1860,…
1Opinion of the CourtPiNNey, J.
It is reasonably clear that the interest in the-lots which the plaintiffs took by descent from their father, as one of the eight heirs, was not less than one undivided eighth part of the whole, and, whether one eighth, one seventh, or two sevenths, they have ever since retained it. They, therefore, became seised with their co-heirs of the lots in question, as tenants in common; and they had an undivided interest and title, as such, in and to every part and portion of both lots, and, as against their cotenants and others interested in said lots, or either of them, or any part of either of…
2Cases cited9 opinions
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Barnes v. LynchMassachusetts Supreme Judicial Court · 1890
- Board of Supervisors v. WalbridgeWisconsin Supreme Court · 1875
- Blake v. Van TilborgWisconsin Supreme Court · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hazen v. WebbSupreme Court of Kansas · 1902
- Draper v. BrownWisconsin Supreme Court · 1902
- Barnes v. Swedish American National BankIllinois Supreme Court · 1939
- Johnson v. JohnsonAppellate Court of Illinois · 1955
- Shoup v. CumminsIllinois Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.