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SCHNEIDER v. SCHNEIDER

No. 85-0447.

132 Wis.2d 171 (1986)

389 N.W.2d 835

John J. SCHNEIDER, Plaintiff-Appellant, v. Janet B. SCHNEIDER, Defendant, Allen E. SCHNEIDER and Carol J. Schneider, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 22, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Carl W. Ross and Kittelsen, Barry, Ross and Wellington of Monroe.

For the defendants-respondents the cause was submitted on the brief of Ronald W. Braun and Braun Law Offices of Brodhead.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

John J. Schneider appeals from a summary judgment dismissing his action to partition real estate. The dispositive issue is whether the action is barred by an agreement executed by Schneider, his brother Allen and their wives, each of whom had an ownership interest in the property. We conclude that the agreement precludes the action, and we therefore affirm.

We use the same procedure as the trial court in summary judgment cases; it is a well-documented...

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