Reeves & Co. v. Saxton
Wisconsin Supreme Court
Appeal from an order of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This is an appeal from an order enjoining the sale of the property described in the complaint on the ground that it was the homestead of the defendant Erastus Wilber Saxton. The property belonged to Catherine Saxton, mother of Erastus Wilber Saxton, and in the year 1905 she deeded it to her son Erastus Wilber Saxton, but reserved “the use and occupancy during her natural life.”
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Appeal from an order of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This is an appeal from an order enjoining the sale of the property described in the complaint on the ground that it was the homestead of the defendant Erastus Wilber Saxton. The property belonged to Catherine Saxton, mother of Erastus Wilber Saxton, and in the year 1905 she deeded it to her son Erastus Wilber Saxton, but reserved “the use and occupancy during her natural life.” At the time this action was commenced said Erastus was occupying said property as his homestead with the consent and…
1Opinion of the CourtKeewiN, J.
Tbe court is of opinion that tbis case is ruled by Cornish v. Frees, 74 Wis. 490, 43 N. W. 507. It is considered that there must be a present right of occupancy by title in the person claiming the homestead, and that in the present case the right of occupancy and title is in Catherine Saxton, mother of defendant Frastus Wilber Saxton, and the demndant Frastus Wilber Saxton, having only a remainder or reversion after the termination of the life estate, has no present right of occupancy sufficient to carry with it the privileges ■of homestead rights during the life estate in his mother, even…
2Cases cited14 opinions
- Brokaw v. OgleIllinois Supreme Court · 1897
- Lozo v. SutherlandMichigan Supreme Court · 1878
- Hampton v. GillilandCourt of Appeals of Texas · 1900
- West v. WardWisconsin Supreme Court · 1870
- Murchison v. . PlylerSupreme Court of North Carolina · 1882
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3Cited by3 opinions
- Estate of Fish v. EwingWisconsin Supreme Court · 1934
- In Re ArnhoelterUnited States Bankruptcy Court, E.D. Wisconsin · 2010
- Qualley v. ZimmermanWisconsin Supreme Court · 1939