Dean v. Earley
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Dane County. On tbe 6tb of August, 1861, Earley commenced an action against Dean to recover possession of a certain lot in tbe city of Madison in Dane county.
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ERROR to tbe Circuit Court for Dane County. On tbe 6tb of August, 1861, Earley commenced an action against Dean to recover possession of a certain lot in tbe city of Madison in Dane county. On tbe trial, tbe plaintiff offered in evidence, among other conveyances, a tax deed for said lot, dated June 20, 1851, executed by tbe clerk of tbe board of supervisors of said county, in tbe name of tbe state, to tbe plaintiff’s grantor, duly acknowledged, and recorded June 24, 1851. Tbe defendant objected to tbe reading of tbe deed in evidence, “ for tbat it was no evidence of title to said lot, and for…
1Opinion of the Court
By the Court,
Dixoít, C. J.
It was held in Knox vs. Cleveland, 13 Wis. 245, tbat under tbe statutes of 1849, tbe formal execution and record of a tax deed of unoccupied premises, drew after it tbe possession, and made it incumbent on tbe previous owner, if be desired to contest its validity, to commence bis action or take actual adverse possession within tbe period of limitation prescribed, else bis right was gone-Tbis case comes fully within tbe principle there laid dowm *101and it becomes unnecessary for us to consider tbe other questions presented.
Judgment affirmed.
2Cases cited1 opinion
- Knox v. ClevelandWisconsin Supreme Court · 1860
3Cited by17 opinions
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
- Gates v. ParmlyWisconsin Supreme Court · 1896
- De Foresta v. GastSupreme Court of Colorado · 1894
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Graham v. Florida Land & Mortgage Co.Supreme Court of Florida · 1894
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