Falkner v. Dorman
Wisconsin Supreme Court
ERROR TO THE DANE CIRCUIT COURT. These two cases are substantially alike, and were argued and considered together. An action of ejectment was brought in the Dane circuit court by the plaintiff in error, against the defendant in error. The cause was tried by a jury at the November term, 1856. The declaration was in the usual form; the plea, not guilty, &c.
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ERROR TO THE DANE CIRCUIT COURT. These two cases are substantially alike, and were argued and considered together. An action of ejectment was brought in the Dane circuit court by the plaintiff in error, against the defendant in error. The cause was tried by a jury at the November term, 1856. The declaration was in the usual form; the plea, not guilty, &c. The jury under the ruling and instruction of the court rendered a verdict for the defendant, upon which judgment was entered, to reverse which the plaintiff sued out this writ of error. The bill of exceptions exhibits che facts and decision…
1Opinion of the Court
By the Court,
Cole, J.
To establish his claim of title, the plaintiff in error, and plaintiff below, offered in evidence a tax deed, executed, acknowledged and recorded on the 30th day of April, 1853 ; which deed was in the form prescribed *392by chapter 503, Session Laws, 1852. The deed had been recorded more than three years before the commencement of the suit, and being objected to generally, by the counsel for the defendant, was ruled out by the circuit court as not being competent evidence in the cause.
The correctness of this ruling of the circuit court is the only question we have to consider…
2Cases cited1 opinion
- Parker v. KaneWisconsin Supreme Court · 1856
3Cited by10 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Gates v. ParmlyWisconsin Supreme Court · 1896
- McMillan v. WehleWisconsin Supreme Court · 1882
- Toronto v. SheffieldUtah Supreme Court · 1950
- Perkins v. PerkinsWisconsin Supreme Court · 1921
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