McCabe v. Mazzuchelli
Wisconsin Supreme Court
EEEOB to tbe Circuit Court for La Fayette County. Mazzuchelli brought an action against Mary and John McCabe, to recover ten acres of school or university land in La Fayette county.
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EEEOB to tbe Circuit Court for La Fayette County. Mazzuchelli brought an action against Mary and John McCabe, to recover ten acres of school or university land in La Fayette county. To prove his title, the plaintiff offered in evidence a patent to himself for the land in controversy, executed by the governor and secretary of state, bearing date April 7th, 1859. Its admission was objected to, because it was not signed by the attorney general, state treasurer, and secretary of state, as commissioners of the school and university lands; but the objection was overruled. On the part of the…
1Opinion of the Court
gy ¿fe Court,
DixoN, C. J.
The interest of Charles Mc-Cabe, deceased, in the land in controversy, acquired by virtue of his purchase from the commissioners of the school and university lands in May, 1851, was such that he could not in his life time have alienated it without the signature of Mary McCabe, his wife, who is one of the plaintiffs in error. The land was entirely paid for, and according to the terms of the sale, nothing remained to be done except the execution by the commissioners of the proper conveyance. In equity he was the full owner, and his interest was as large and permanent as…
2Cases cited2 opinions
- State ex rel. Crawford v. HastingsWisconsin Supreme Court · 1860
- Platto v. CadyWisconsin Supreme Court · 1860
3Cited by13 opinions
- Harrington v. SmithWisconsin Supreme Court · 1871
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- State ex rel. Gubbins v. AnsonWisconsin Supreme Court · 1907
- Tarrant v. SwainSupreme Court of Kansas · 1875
- Wilder v. HaugheySupreme Court of Minnesota · 1874
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