Ullrich v. Ullrich
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: ObbeN T. Williams, Circuit Judge. This is an action for partition of real estate.
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Appeal from an order of tbe circuit court for Milwaukee county: ObbeN T. Williams, Circuit Judge. This is an action for partition of real estate. Tbe complaint alleges that tbe ’plaintiff is tbe widow of one Ignatz Ullrich, deceased, who died January 29, 1903, leaving a homestead and about twenty other parcels of real estate in Milwaukee county; that the plaintiff is in possession of the homestead, and has a dower interest in the other lands; that three of the defendants are children and five are grandchildren of the deceased, all constituting the heirs at law of the deceased; that the said…
1Opinion of the CourtWmsnow, J.
The question is whether a widow in possession of the homestead, and having an unassigned dower interest in other real estate, can maintain a partition action against the heirs of the husband. This question seems to be settled by a mere reading of the first section of the chapter on partition, which says:
“All persons holding lands as joint tenants or tenants in common may have partition thereof by civil action. . . . Such action may be maintained by any person who has any estate in possession of the lands of which partition is sought, but not by any one who has only an estate therein in…
2Cases cited3 opinions
- Howe v. McGivernWisconsin Supreme Court · 1870
- Pabst Brewing Co. v. MelmsWisconsin Supreme Court · 1900
- Farnsworth v. ColeWisconsin Supreme Court · 1877
3Cited by2 opinions
- White v. SummervilleSupreme Court of Missouri · 1920
- Plano Manufacturing Co. v. KindschiWisconsin Supreme Court · 1907