Smith v. Sherry
Wisconsin Supreme Court
APPEAL from the Circuit Court for -Shawano County. Action for a trespass to' land, and the removal therefrom of pine timber. Plaintiff claimed title to the land under a tax deed from the county of Shawano, based upon a sale for nonpayment of taxes assessed npon the land in 1872, by the town of Seneca in said county.
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APPEAL from the Circuit Court for -Shawano County. Action for a trespass to' land, and the removal therefrom of pine timber. Plaintiff claimed title to the land under a tax deed from the county of Shawano, based upon a sale for nonpayment of taxes assessed npon the land in 1872, by the town of Seneca in said county. The case is further stated in .the report of the decision of a former appeal herein, found in 50 Wis., pp. 210-218. ■ The facts found by the court on the second trial, bearing upon the question of defendant’s actual possession of the premises in dispute at any time between the…
1Opinion of the CourtCassoday, J.
This case was here upon a former appeal. 50 Wis., 210. It is now urged that it was found on the first trial, and that consequently this court then held, that the lands in question were in the town of Seneca, and hence that such decision is res adjudícala. It is true, the court found, on the first trial, that the lands ,in question were a part of the territory specified in chapter 92, P. & L. Laws of 1872, and that before the passage of that chapter they were a part of the territory of the town of Seneca, and that they were taxed both in Seneca and the village of Shawano, and hence that the…
2Cases cited28 opinions
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- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
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- Edgerton v. BirdWisconsin Supreme Court · 1858
- State ex rel. Chase v. RogersNevada Supreme Court · 1875
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- Hayden v. NuzumWisconsin Supreme Court · 1925
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