Sherwood v. Sherwood
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. The complaint alleges that Daniel O. Sherwood, the son of the plaintiff, died in February, 1858, having previously executed his last will and testament, in and by which he devised to the plaintiff lot 10 in block 20 in the city of Oshkosh, of which lot he was the owner in fee when he made his will, and continued such owner until his death; and that in May, 1858, said will was duly admitted to probate by the proper court.
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APPEAL from tbe Circuit Court for Winnebago County. The complaint alleges that Daniel O. Sherwood, the son of the plaintiff, died in February, 1858, having previously executed his last will and testament, in and by which he devised to the plaintiff lot 10 in block 20 in the city of Oshkosh, of which lot he was the owner in fee when he made his will, and continued such owner until his death; and that in May, 1858, said will was duly admitted to probate by the proper court. It then proceeds as follows: “ That in drawing said will there was a mistake made in drafting and drawing the same, in…
1Opinion of the CourtLyoN, J.
This is substantially an action to remove a cloud from the plaintiff’s title to lot 10 in block 20 in the city of Oshkosh, which, the plaintiff alleges in her complaint, was devised to her by her son, the late Daniel O. Sherwood, in and by his last will and testament, which since his death has been duly admitted to probate. The cloud is alleged to have been produced by the fact that in said will the 'lot is misdescribed as lot 9 in block 20. It is further alleged that the defendant claims to be the owner of an undivided one-half of lot 10; and facts are stated, showing that his claim is…
2Cited by27 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Faught v. FaughtIndiana Supreme Court · 1884
- Pabst v. GoodrichWisconsin Supreme Court · 1907
- Paulson v. PaulsonWisconsin Supreme Court · 1906
- City of Madison v. MayersWisconsin Supreme Court · 1897
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