Cornell University v. Mead
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ciarle County. This is an action of ejectment, brought by the original owner against William II. Mead and his wife. In the answer William H. Mead claimed to be the owner of the land under a tax deed executed to him May 29, 1882, on the sale of May, 1879, for the taxes of the year 1878, and pleaded the three-years statute of limitation (sec. 1188, E. S., as amended). The defendant wife disclaimed any interest in the land.
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APPEAL from the Circuit Court for Ciarle County. This is an action of ejectment, brought by the original owner against William II. Mead and his wife. In the answer William H. Mead claimed to be the owner of the land under a tax deed executed to him May 29, 1882, on the sale of May, 1879, for the taxes of the year 1878, and pleaded the three-years statute of limitation (sec. 1188, E. S., as amended). The defendant wife disclaimed any interest in the land. A jury having been waived by the parties in open court, the cause was tried by and before the court, and upon such trial the court found,…
1Opinion of the Court
The following opinion was filed September 29, 1891:
Oassoday, J.
The tax deed under which the defendant claims title was recorded May 31,1882. It is, in effect, conceded that copies of the statement of delinquent taxes and the notice of the tax sale upon which the deed was issued were not posted up as required by secs. 1130-1132, R. S. This being so, the sale was a nullity, and the deed issued thereon was void. It necessarily follows that the plaintiff is entitled to recover unless its right of -action is barred by the three-years statute of limitation pleaded. Sec. 1188, S. & B. Ann. Stats.
The…
2Cases cited7 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Hewitt v. WeekWisconsin Supreme Court · 1884
- Lander v. BromleyWisconsin Supreme Court · 1891
- Warren v. PutnamWisconsin Supreme Court · 1885
- Seymour v. CarpenterWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gould v. SullivanWisconsin Supreme Court · 1893
- Kathan v. ComstockWisconsin Supreme Court · 1909
- Bell v. PetersonWisconsin Supreme Court · 1900
- Midlothian Iron Mining Co. v. BelknapWisconsin Supreme Court · 1900
- Land & Loan Co. v. KeslerWisconsin Supreme Court · 1912