Jilsun v. Stebbins
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kenosha County. On the 21st of April, I860, Stebbins recovered a judgment in said circuit court against Thomas D. Parsons and one Brown for $413.36. On the 15th of April, 1873, Parsons died intestate, and the present plaintiff was appointed administrator of his estate.
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APPEAL from tbe Circuit Court for Kenosha County. On the 21st of April, I860, Stebbins recovered a judgment in said circuit court against Thomas D. Parsons and one Brown for $413.36. On the 15th of April, 1873, Parsons died intestate, and the present plaintiff was appointed administrator of his estate. The personal estate of the decedent being insufficient to pay the debts, etc., the administrator obtained leave to sell, and did sell, part of the real estate for that purpose; and the sale was confirmed. Some time afterwards, Steb-bins obtained leave from the court to issue an execution on his…
1Opinion of the CourtCole, J.
It appears to us that no good reason is shown for granting the relief ashed in this case. It is not claimed that there was any fraud practiced, or undue advantage taken, in obtaining the judgment. Indeed the justice of the judgment is not really called in question or impeached. A feeble it-tempt was made to show that the judgment had been paid; but the proof is entirely insufficient to sustain that defense. The declarations of Parsons, made in 1872, in relation to the payment of the judgment, were clearly inadmissible. The other evidence offered to establish the fact of payment is so very…
2Cases cited1 opinion
- McClellan v. SanfordWisconsin Supreme Court · 1870
3Cited by10 opinions
- Boring v. OttWisconsin Supreme Court · 1909
- Chase v. WoodruffWisconsin Supreme Court · 1907
- Tucker v. WhittleseyWisconsin Supreme Court · 1889
- Pym v. PymWisconsin Supreme Court · 1903
- Thomas v. WestWisconsin Supreme Court · 1883
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