Sherry v. Gilmore
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. The case is thus stated by Mr. Justice Taylor : “This is an action of ejectment, brought to recover certain lands which the defendants claim to own by virtue of certain tax deeds issued to them by Marathon county.
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APPEAL from the Circuit Court for Waupaca County. The case is thus stated by Mr. Justice Taylor : “This is an action of ejectment, brought to recover certain lands which the defendants claim to own by virtue of certain tax deeds issued to them by Marathon county. The action was commenced in the first instance by filing the summons and complaint with the clerk of the circuit court of Marathon county, and obtaining an order from a court commissioner of said county for the publication of the summons, on the ground that the defendants -were not residents of the state, or, if they were, their…
1Opinion of the CourtTaylor, J.
The above statement of the evidence given on the trial is all that is deemed necessary for the determination of the questions involved in this appeal. The learned circuit judge found as a fact that the lands in question in this case were never attached .to the town of Weston so as. to become a part thereof, and it may be presumed, therefore, that upan the authority of Smith v. Sherry, 54 Wis., 114, he held that all the tax deeds issued to the defendants were void, and that there being an entire want of jurisdiction in the officers of the town of Weston to levy any tax upon such lands, the…
2Cases cited11 opinions
- People v. MaynardMichigan Supreme Court · 1867
- Stuart v. School District No. 1Michigan Supreme Court · 1874
- Rumsey v. . the PeopleNew York Court of Appeals · 1859
- Smith v. SherryWisconsin Supreme Court · 1882
- Jameson v. PeopleIllinois Supreme Court · 1855
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wm. N. Coler & Co. v. Dwight School TownshipNorth Dakota Supreme Court · 1893
- In re ShortSupreme Court of Kansas · 1891
- State ex rel. Graef v. Forest CountyWisconsin Supreme Court · 1889
- Kellogg v. OlsonSupreme Court of Minnesota · 1885
- Mendenhall v. BurtonSupreme Court of Kansas · 1889
14 more not listed; retrieve them via the Exa API.