Legal Opinion

Voelz v. Voelz

Wisconsin Supreme Court

Decided October 23, 1894PublishedCited by 5 opinions

APPEAL from the Circuit Court for Waukesha County.. The facts are stated in the opinion. to the point that the “homestead estate” cannot be partitioned, and the' legislature never contemplated a partition thereof, cited sec. 21, ch. 72, R. S. 1849; ch. 187, Laws of 1858; secs. 3954, 3121, 3135, R. S.; Keyes r.

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APPEAL from the Circuit Court for Waukesha County.. The facts are stated in the opinion. to the point that the “homestead estate” cannot be partitioned, and the' legislature never contemplated a partition thereof, cited sec. 21, ch. 72, R. S. 1849; ch. 187, Laws of 1858; secs. 3954, 3121, 3135, R. S.; Keyes r. Kill, 30 Yt. 767; Moff-man, v. Neulums, 30 Tex. 636; Doane v. Doane, 33 Yt. 652; Nicholas v. P-urczell, 21 Iowa, 265; Dodds v. ' Dodds, 26-id. 311. To the point that the heirs of an estate have such an estate in possession as will enable them to maintain a bill in equity for a…

1Opinion of the CourtOjitos, C. J.

This is a proceeding to partition certain real estate lying in the county of Waukesha in this state, among the heirs at law of William Yoelz, deceased, and Caroline Yoelz, the widow of the said William Yoelz, deceased, who was in possession of a portion of said lands as. her homestead. The situation of said real estate having-been ascertained by the report of a referee, with the view of ascertaining whether the same should be divided, between said parties, or sold and the proceeds thereof distributed among the same, judgment was entered for the sale of the same, on default of the defendants.…

2Cases cited20 opinions

  1. Hunt v. . HuntNew York Court of Appeals · 1878
  2. The People v. . SturtevantNew York Court of Appeals · 1853
  3. Anderson v. CoburnWisconsin Supreme Court · 1871
  4. Salter v. HilgenWisconsin Supreme Court · 1876
  5. Ferguson v. MasonWisconsin Supreme Court · 1884

15 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
  2. Breen v. BreenSupreme Court of Kansas · 1918
  3. Wells v. SweeneySouth Dakota Supreme Court · 1903
  4. In re Marchant's EstateWisconsin Supreme Court · 1904
  5. Schroeder v. Register Publishing Corp.Wisconsin Supreme Court · 1985

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