Legal Opinion

Robinson v. Howe

Wisconsin Supreme Court

Decided January 8, 1861PublishedCited by 31 opinions

APPEAL from tbe Circuit Court for Dodge County. Trespass, for breaking tbe plaintiff’s close. Answer, tbat tbe close, at tbe time when, &c., was tbe freehold of one Loomis, and tbat tbe defendants, as bis servants, broke and entered, &c. Tbe action was brought in Columbia county, and tbe place of trial changed to Dodge county.

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APPEAL from tbe Circuit Court for Dodge County. Trespass, for breaking tbe plaintiff’s close. Answer, tbat tbe close, at tbe time when, &c., was tbe freehold of one Loomis, and tbat tbe defendants, as bis servants, broke and entered, &c. Tbe action was brought in Columbia county, and tbe place of trial changed to Dodge county. On tbe trial, tbe plaintiff proved title derived under an entry at tbe U. S. land office in July, 1848, and tbat tbe defendants bad entered upon tbe land and cut tbe timber, &c. Tbe defendants gave in evidence a tax deed of tbe land from Columbia county to James M.…

1Opinion of the Court

By the Court,

Paine, J.

Tbe only question presented in this case, is whether it-was error for tbe court below to rule out tbe evidence offered to show a redemption from tbe tax sale under which tbe defendants claimed. Tbe sale was made while tbe provisions of chap. 15, R S., 1849, were in force, by which tbe purchaser was entitled to an absolute deed, unless tbe land was redeemed within three years from tbe sale, provided, however, that tbe owner might redeem even after tbe deed was given, but before it was recorded. There is no claim here that there was any redemption within tbe three years,…

2Cases cited3 opinions

  1. Von Baumbach v. BadeWisconsin Supreme Court · 1859
  2. Smith v. PackardWisconsin Supreme Court · 1860
  3. State ex rel. Damman v. Commissioners of School & University LandsWisconsin Supreme Court · 1856

3Cited by31 opinions

  1. Kring v. MissouriSupreme Court of the United States · 1883
  2. Travelers Insurance v. MarshallTexas Supreme Court · 1934
  3. Bowman v. CockrillSupreme Court of Kansas · 1870
  4. Smith v. ClevelandWisconsin Supreme Court · 1863
  5. Johnson v. TaylorCalifornia Supreme Court · 1907

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