§ 751.21.Person Holding Possession of Property In Right of Another As Plaintiff
Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Last amended 1979 · Last verified July 28, 2026
Full Text of § 751.21
Plain-English Summary
Not everyone holding possession of real property holds it in their own right. This section makes clear that a fiduciary — an executor, administrator, guardian, or conservator — or anyone else holding possession in the right of another, can step into either role this chapter contemplates: bringing the action as plaintiff, or appearing and defending in an action someone else brought.
That flexibility matters because § 751.02's action depends on actual, peaceable possession, which fiduciaries often hold on behalf of an estate, a minor, or a person under conservatorship rather than for themselves. This section confirms that fiduciary possession still supports the action.
Frequently Asked Questions
Can a fiduciary bring this kind of action on behalf of an estate?
Yes. An executor, administrator, guardian, or conservator holding possession of property in the right of another may maintain the action as plaintiff.
Can a fiduciary also defend against someone else's action?
Yes, § 751.21 lets the same categories of fiduciaries appear and defend in an action brought by someone else.
Amendment History
Amended by Stats. 1979, Ch. 730.