Magee v. Board of Supervisors
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. Action to avoid certain taxes, tax sales and certificates of sale, on lands in the county of Waupaca.
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APPEAL from the Circuit Court for Waupaca County. Action to avoid certain taxes, tax sales and certificates of sale, on lands in the county of Waupaca. In the title of the case in the complaint, the plaintiffs are described as “surviving executors and trustees of the estate of John Magee, deceased; ” but the complaint states that “ the plaintiffs were, on the first day of January, 1871, and ever since have been and now are, the owners in fee simple of, and liable for the payment of all taxes legally levied and assessed upon,” the lands described, the assessment and sale of which is complained…
1Opinion of the CourtCole, J.
The principal if not the only objection taken to the complaint is, that the plaintiffs have no legal capacity to sue, in this, that it appears that they sue as surviving executors and trustees, and there is no allegation that they have been appointed as such by any court of this state having jurisdiction to appoint them ; nor does it appear that they have filed an authenticated copy of their appointment in Waupaca county, ■where this action is brought, if appointed in another state. The *249objection is founded, of course, upon the assumption that the plaintiffs have brought the action in a…
2Cases cited4 opinions
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Butterfield v. MacomberNew York Supreme Court · 1861
- Robbins v. GillettWisconsin Supreme Court · 1850
- Bridgeport Savings Bank v. RandallWisconsin Supreme Court · 1862
3Cited by1 opinion
- Thomas v. CarsonNebraska Supreme Court · 1896