Legal Opinion

King v. Cutts

Wisconsin Supreme Court

Decided June 15, 1869PublishedCited by 4 opinions

APPEAL from the Circuit Court for Bock County. The defendant appealed from a judgment rendered against him in the circuit court, on appeal from a justice of the peace. The facts are stated in tl\e opinion.

1Opinion of the CourtDixon, C. J.

It is unnecessary to inquire whether the plaintiff is a trustee of an express trust, authorized to sue in his own name to recover possession of the real estate belonging to his ward; for even though he were such trustee, it would still follow that this action could not be so maintained. It is an action of unlawful detainer, instituted under the 12th section of the forcible entry and unlawful detainer act (R. S. ch. 151), to dis*626possess the defendant as a tenant holding over contrary to the terms of his lease. The premises are the property of the ward, and the lease was executed by him nearly a…

2Cases cited1 opinion

  1. McKillip v. McKillipNew York Supreme Court · 1850

3Cited by4 opinions

  1. State ex rel. Fichtenkamm v. GambsSupreme Court of Missouri · 1878
  2. Webber v. WardWisconsin Supreme Court · 1896
  3. Vincent v. StarksWisconsin Supreme Court · 1878
  4. Gleixner v. SchulkewitzWisconsin Supreme Court · 1943

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