MELMS V. PABST BREWING CO.
79 N.W. 738 (1899)
NATURE OF THE CASE: This is an action in waste.
FACTS: Charles Melms died in 1869 leaving his estate in financial difficulty. A brewery
and a homestead were sold and conveyed to Pabst (D). It was held in another court action
that D only acquired Mrs. Melm's life estate in the homestead and that P was the owners of
the fee subject to the life estate. D acquired full title to the brewery. The homestead
consisted of 1/4 of an acre. By 1890, the land around the homestead was industrial and
undesirable and unprofitable as residence property. D removed the building and graded the
property down to street level. P sued D and the trial court dismissed P suit. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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