Hardy v. Mills
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for a partition of certain land in La Payette county, commenced in that county, but removed by change of venue to Dane county. The complaint alleged that the plaintiff owned an undivided three-elevenths of the land, and the defendant an undivided eight-elevenths.
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APPEAL from the Circuit Court for Dane County. Action for a partition of certain land in La Payette county, commenced in that county, but removed by change of venue to Dane county. The complaint alleged that the plaintiff owned an undivided three-elevenths of the land, and the defendant an undivided eight-elevenths. The answer denied that plaintiff had any title, and alleged that defendant was the legal owner of eight-elevenths and equitable owner of three-elevenths of the land; that previous to June 2, 1863, defendant owned the legal title to three-elevenths of the land, and a bond of one…
1Opinion of the CourtCole, J.
The counsel for the plaintiff concedes to the fullest extent the position that a court of equity will not interfere to make partition while the legal title is in dispute, but will leave the parties to their legal remedies first to settle the question of title. Such was the decision of this court in Deery v. McClintock, 31 Wis., 195. But the counsel insists that it does not sufficiently appear from the record that an undetermined legal controversy exists in respect to the title; but on the contrary he claims that the record evidence which was introduced on the .trial showed that the question…
2Cases cited3 opinions
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
- Woodgate v. . FleetNew York Court of Appeals · 1870
- Deery v. McClintockWisconsin Supreme Court · 1872
3Cited by11 opinions
- Lathrop v. KnappWisconsin Supreme Court · 1875
- Ressequie v. ByersWisconsin Supreme Court · 1881
- Denton v. FyfeSupreme Court of Kansas · 1902
- Morse v. StockmanWisconsin Supreme Court · 1885
- Seymour v. RickettsNebraska Supreme Court · 1887
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