JANURA v. FENCL


261 Wis. 179 (1952)

JANURA, Appellant, vs. FENCL and others, Respondents.

Supreme Court of Wisconsin.

March 4, 1952.


Attorney(s) appearing for the Case

For the appellant there was a brief by Ruzicka & Fulton of Burlington, and oral argument by Robert M. Fulton.

For the respondents there was a brief by Lepp & Phillips of Kenosha, and oral argument by David L. Phillips.


CURRIE, J.

The question at issue on this appeal is whether the plaintiff possesses a legal estate in real property which will entitle her to maintain an action for partition of the fee-simple title, or lesser estate, in the premises under ch. 276, Stats.

The plaintiff contends that under our statute of uses (sec. 231.05, Stats.) a mere passive trust was created which resulted in legal title vesting directly in the beneficiaries of the trust, and therefore...

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