Phelan v. Boylan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was brought by Martin Phelan, as administrator of the estate of Grace Boylan, deceased, and by said Martin and Patrick Phelan, as heirs-at-law of said deceased, against Matthew Boylan and Terence Cook, and their wives. The facts alleged and the relief sought will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Milwaukee County. This action was brought by Martin Phelan, as administrator of the estate of Grace Boylan, deceased, and by said Martin and Patrick Phelan, as heirs-at-law of said deceased, against Matthew Boylan and Terence Cook, and their wives. The facts alleged and the relief sought will sufficiently appear from the opinion. The defendants demurred to the complaint as not stating a cause of action, and for misjoinder of causes of action; and from an order sustaining the demurrer the plaintiffs appealed. E. Pox Cook, for appellant.
1Opinion of the Court
Dixoít, C. J.
The defendant Matthew Boylan is tenant by the curtesy of the premises in controversy, and the plaintiffs are the heirs-at-law and reversioners entitled to an estate in fee in the land, immediately upon the determination of such life tenancy. Before the death of his late wife, upon which his estate as tenant by the cur-tesy arose, and while he was residing with her upon the premises, the same were several times sold for the non*681payment of taxes. The time for redemption had not yet expired when the wife died. He remained in possession, holding as tenant after her decease, and, very…
2Cases cited6 opinions
- Van Horne v. FondaNew York Court of Chancery · 1821
- Hurd v. HallWisconsin Supreme Court · 1860
- Cairns v. ChabertNew York Court of Chancery · 1839
- Burhans v. . Van ZandtNew York Court of Appeals · 1852
- Bowling's Heirs v. Dobyns' AdministratorsCourt of Appeals of Kentucky · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- Carmichael v. AdamsIndiana Supreme Court · 1883
- Turner, Frazer & Co. v. KillianNebraska Supreme Court · 1882
- Magness v. HarrisSupreme Court of Arkansas · 1906
- Wiswell v. SimmonsSupreme Court of Kansas · 1908
20 more not listed; retrieve them via the Exa API.