Powell v. Board of Supervisors
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Oroix County. The complaint alleges the following facts: Plaintiff is the owner of certain land therein described, and has owned the same for the last ten years or more. This land was sold by the proper officer of the county in 1870, for delinquent taxes assessed thereon, and the usual certificate of sale was issued to the purchasers.
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APPEAL from the Circuit Court for St. Oroix County. The complaint alleges the following facts: Plaintiff is the owner of certain land therein described, and has owned the same for the last ten years or more. This land was sold by the proper officer of the county in 1870, for delinquent taxes assessed thereon, and the usual certificate of sale was issued to the purchasers. In 1875 a tax deed of the land was executed to the holder of such certificate, who immediately thereafter commenced an action under the law of 1859, ch. 22, sec. 35, to' bar or foreclose the right, title or interest of the…
1Opinion of the CourtLyon, J.
The averments in the complaint show that the taxes in question were illegally levied for want of the required statements of the district clerk. Matteson v. The Town of Rosendale, 37 Wis., 254.
*213It is well settled in this state and elsewhere, that money paid by compulsion on account of a void tax may he recovered in an action against the municipality receiving it. There are several decisions of this court to that effect;
It is equally well settled, that, if a person voluntarily pay a void tax, with knowledge of the facts which render it void, he cannot recover back the money thus paid. See…
2Cases cited4 opinions
- Phillips v. Board of CommissionersSupreme Court of Kansas · 1870
- Philleo v. HilesWisconsin Supreme Court · 1877
- Matteson v. Town of RosendaleWisconsin Supreme Court · 1875
- Marsh v. Supervisors of St. Croix CountyWisconsin Supreme Court · 1877
3Cited by17 opinions
- Custin v. City of ViroquaWisconsin Supreme Court · 1886
- Parcher v. Marathon CountyWisconsin Supreme Court · 1881
- Mason v. PierronWisconsin Supreme Court · 1887
- Shane v. City of St. PaulSupreme Court of Minnesota · 1880
- Wessel v. D. S. B. Johnston Land & Mortgage Co.North Dakota Supreme Court · 1893
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