Hinn v. Gersten
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Grant county: Geo. CleheNtsoN, Circuit Judge. Action of replevin. The cause was tried without a jury.
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Appeal from a judgment of tbe circuit court for Grant county: Geo. CleheNtsoN, Circuit Judge. Action of replevin. The cause was tried without a jury. These are the undisputed facts found by the court: William Gilman died testate, July 31, 1882. ITe willed to his wife, Julia, the home place upon which they resided, for her natural life, with power to sell the same; that his other real estate should be converted into money, and, with Iris personalty, be divided equally among his- sis children, the child or children of any deceased child taking the share of the parent, and his wife to control…
1Opinion of the Court
The following opinion was filed April 19, 1904:
Marshall, J.
The point is made that Gersten and Buchner had no right to appeal because they were not parties to the record in the court below. That they represent one sixth of the property in dispute, subject to the rights of Mrs. Gil-man’s creditors, sufficiently appears from the findings of the trial court. Tbe theory of appellants is that such creditors have no rights in the property, hence that Parker is the proper person representing the estate of Mr. Gilman to administer the same. Upon one aspect of the case the right of respondent depends…
2Cases cited2 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Rogers v. ShoveWisconsin Supreme Court · 1898
3Cited by1 opinion
- Paradise v. RidenourWisconsin Supreme Court · 1933