Stuntz v. Tanner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Ejectment. The lands had been sold for taxes. The plaintiff, George R. Stuntz, was the original owner. The defendant, Simnner W. Tanner, claimed under the tax deed. Upon the trial the defendant introduced in evidence the judgment roll in an action brought by him under ch. 22, Laws of 1859, against the plaintiff herein, George R. Stuntz, and John II.
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APPEAL from the Circuit Court for Ashland County. Ejectment. The lands had been sold for taxes. The plaintiff, George R. Stuntz, was the original owner. The defendant, Simnner W. Tanner, claimed under the tax deed. Upon the trial the defendant introduced in evidence the judgment roll in an action brought by him under ch. 22, Laws of 1859, against the plaintiff herein, George R. Stuntz, and John II. Stuntz and Albert C. Stuntz, for the purpose of barring their title as-the original owners or persons claiming an interest in the lands. This roll contained, among other things, an affidavit for…
1Opinion of the CourtOetoN, J.
This is an action of ejectment. The plaintiff had the original title, and the defendant claimed by tax deed, which by reason of defects in the antecedent tax proceedings, was, as title, at least questionable. These defects need not be noticed, as the defendant relied principally upon the foreclosure of the tax deed in equity under the statute, and in respect to such foreclosure the question was whether the court acquired jurisdiction in the case. IE the court acquired jurisdiction, then, of course, such judgment is conclusive against the plaintiff’s title. The defendant in that case is the…
2Cases cited1 opinion
- Houghton v. KneelandWisconsin Supreme Court · 1859
3Cited by2 opinions
- Beaupre v. BrighamWisconsin Supreme Court · 1891
- Ashland National Bank v. GregoryWisconsin Supreme Court · 1896