Jarvis v. McBride
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This was an action, under secs.- 35-37, ch. 22, Laws of 1859, to quiet the title to land claimed by the plaintiff under a tax deed executed in November, 1862, pursuant to a sale alleged to have been made April 14, 1857, for the taxes of 1856. The land described in the complaint is “ the south half of the northeast quarter of sec. 22 ” in a certain town of said county.
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APPEAL from the Circuit Court for Dane County. This was an action, under secs.- 35-37, ch. 22, Laws of 1859, to quiet the title to land claimed by the plaintiff under a tax deed executed in November, 1862, pursuant to a sale alleged to have been made April 14, 1857, for the taxes of 1856. The land described in the complaint is “ the south half of the northeast quarter of sec. 22 ” in a certain town of said county. The complaint shows that the tax deed was executed to one George Jarvis as assignee of the tax certificate, and that the plaintiff Wm. B. Jarvis, claimed under a deed from George…
1Opinion of the Court
By the Court,
DixON, O. J.
The order of the circuit court in this case must be affirmed. The misdescription of the land in the answer is so obviously a clerical mistake as to require no explanation. It appears that it was not discovered or urged in the court below. Besides, it is described in the answer as “ the land mentioned in said complaint,” which puts the intention of the pleader beyond all possibility of doubt; and, if need be, we may reject the particular and wrong description as redundant and unnecessary. In the construction of pleadings for the purpose of determining their effect,…
2Cited by2 opinions
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