Legal Opinion

Hutchinson v. Board of Supervisors

Wisconsin Supreme Court

Decided June 15, 1870PublishedCited by 7 opinions

APPEAL from the Circuit Court for Sheboygan Count y. In March, 1869, the plaintiff presented to the defendant board a claim to have refunded to him, with interest, as prescribed by the statute, certain sums of money paid by him, from 1852 to 1859, inclusive, as taxes upon certain land sold to him at a sale as for delinquent taxes of 1848, and conveyed to him by tax deed in 1851. The board rejected the claim; and plaintiff appealed to the circuit court.

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APPEAL from the Circuit Court for Sheboygan Count y. In March, 1869, the plaintiff presented to the defendant board a claim to have refunded to him, with interest, as prescribed by the statute, certain sums of money paid by him, from 1852 to 1859, inclusive, as taxes upon certain land sold to him at a sale as for delinquent taxes of 1848, and conveyed to him by tax deed in 1851. The board rejected the claim; and plaintiff appealed to the circuit court. The defendant objected to the admission of any evidence in support of the claim, on the ground that it was barred; but the objection was…

1Opinion of the CourtDixon, C. J.

The statute provides that “if, after the conveyance of any lands sold for taxes, it shall be discovered that the sale was invalid, the county board of supervisors shall cause the money paid therefor on the sale, and all subsequent taxes and charges paid thereon by the purchaser, or his assigns, to be refunded, with interest on the whole amount at the rate of seven per cent, per annum, upon the re-delivery of the deed to be cancelled.” Laws of 1859, ch. 22, section 27. The question in this case relates solely to what shall constitute a discovery of the invalidity of a tax deed, within the…

2Cited by7 opinions

  1. Budge v. City of Grand ForksNorth Dakota Supreme Court · 1890
  2. Kaehler v. DobberpuhlWisconsin Supreme Court · 1883
  3. Hyde v. Supervisors of Kenosha CountyWisconsin Supreme Court · 1877
  4. Baker v. Supervisors of Columbia CountyWisconsin Supreme Court · 1876
  5. Fuller v. County of ColfaxNebraska Supreme Court · 1892

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