Shepardson v. Rowland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff and the father of defendants were tenants in common of a lot in the city of Milwaukee, each owning an undivided half.
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APPEAL from the Circuit Court for Milwaukee County. The plaintiff and the father of defendants were tenants in common of a lot in the city of Milwaukee, each owning an undivided half. The father dying in 1854 intestate, the mother was appointed, tbe general guardian of tbe four defendants, tben minors, and as sucb guardian, on tbe 1st of October, 1861, leased the west half of tbe lot to a tenant for three years at $84 per year, and on tbe 26tb of May, 1864, gave another lease to tbe same tenant of an undivided half of tbe lot, for three years, at $100 per year — both leases being in writing.…
1Opinion of the CourtCole, J.
It seems to us very clear tbat tbe plaintiff bad no cause of action against any one for tbe rents received on tbe lease dated May 26, 1864. By tbat lease tbe guardian of tbe infant heirs of John Eowland demised “tbe undivided balf” of tbe lot. This undivided balf descended to these hebs on tbe death of their father, subject to tbe dower of their mother; *112that is, each took an undivided one-eighth. And we suppose the guardian could demise this interest for the heirs. A demise or conveyance of an undivided share of an estate by a tenant in common is valid, because each tenant is considered to be…
2Cases cited1 opinion
- Wilkinson v. FilbyWisconsin Supreme Court · 1869
3Cited by4 opinions
- Mee v. BenedictMichigan Supreme Court · 1893
- Cowart v. FenderSupreme Court of Georgia · 1912
- Solesberry v. Virginian Railway Co.West Virginia Supreme Court · 1914
- Fort v. EdwardsNew Jersey Court of Chancery · 1880