Prickett v. Muck
Wisconsin Supreme Court
APPEAL from the Circuit Court for Shawano County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is brought for the purpose of having a patent from the state, and certain deeds of forty acres of land described, declared null and void, and to have the plaintiff adjudged to be the owner thereof in fee with the right of possession, with a prayer for general relief.
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APPEAL from the Circuit Court for Shawano County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is brought for the purpose of having a patent from the state, and certain deeds of forty acres of land described, declared null and void, and to have the plaintiff adjudged to be the owner thereof in fee with the right of possession, with a prayer for general relief. A demurrer to the complaint on the grounds of (1) a defect of parties defendant, in the omission of Mary Margaret Prickett, (2) of the improper union of several causes of action, and (3) the…
1Opinion of the CourtCassoday, J.
1. The testator died without issue him surviving. The plaintiff was his nephew. By the terms of the will the plaintiff was not entitled to the possession of the land while the widow remained unmarried. To entitle the plaintiff to the right of possession, it was necessary for him to prove that since the testator’s death the widow had married. It is claimed that there is no sufficient proof of such marriage to support the finding to that effect. Such marriage was alleged in the complaint. In the body of her affidavit, made and sworn to May 20,1881, and also in her signature to the same, she…
2Cases cited11 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Fallass v. PierceWisconsin Supreme Court · 1872
- Spiess v. NeubergWisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Henschke v. ChristianSupreme Court of Minnesota · 1949
- Post v. CampbellWisconsin Supreme Court · 1901
- Nixv v. WiswellWisconsin Supreme Court · 1893
- Flood v. KerwinWisconsin Supreme Court · 1902
17 more not listed; retrieve them via the Exa API.