Roach v. Sanborn Land Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Forest county: Johkt GooPland, Circuit Judge. This action, commenced in November, 1902, asserted plaintiffs lien by virtue of the ownership of certain notes secured by a trust deed on premises in Wisconsin, and claims against the same lands by virtue of certain tax sales and deeds held by various defendants, and sought to clear the title.
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Appeal from a judgment of the circuit court for Forest county: Johkt GooPland, Circuit Judge. This action, commenced in November, 1902, asserted plaintiffs lien by virtue of the ownership of certain notes secured by a trust deed on premises in Wisconsin, and claims against the same lands by virtue of certain tax sales and deeds held by various defendants, and sought to clear the title. The several answers set forth that all said tax rights had been conveyed to the Sanborn Land Company, and that it owned the lands by valid tax deeds. Upon a previous appeal it was settled by this court that…
1Opinion of the Court
Dodg-b, T.
The appellant’s principal contention upon this appeal is that the defendant, who held the ostensible tax titles on the mortgaged property, having acquired the fee title, which was burdened with the duty of paying all taxes, is not entitled to receive anything as a condition of declaring plaintiff’s mortgage interest free from the defendant’s tax liens. That contention is, however, in contradiction of the express decision of this court upon the former appeal to the effect that, as a condition of canceling those tax deeds, plaintiff should repay the cost and taxes with fifteen per…
2Cases cited9 opinions
- Smith v. LewisWisconsin Supreme Court · 1866
- Allen v. AllenWisconsin Supreme Court · 1902
- Avery v. JuddWisconsin Supreme Court · 1866
- McCord v. HillWisconsin Supreme Court · 1903
- Cole v. ClarkeWisconsin Supreme Court · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gerbig v. BellWisconsin Supreme Court · 1910
- Cobban v. Northern Wisconsin State Fair Ass'nWisconsin Supreme Court · 1933
- Schenck v. Sterling Engineering & Construction Co.Wisconsin Supreme Court · 1913
- Anderson v. Miller Scrap Iron Co.Wisconsin Supreme Court · 1922