Shepardson v. Elmore
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The plaintiff in this action asked for judgment that the defendants execute to him a quit-claim deed of certain lands, and be restrained from encumbering or disposing of the same, or bringing suit to recover possession thereof; and for general relief.
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APPEAL from the County Court of Milwaukee County. The plaintiff in this action asked for judgment that the defendants execute to him a quit-claim deed of certain lands, and be restrained from encumbering or disposing of the same, or bringing suit to recover possession thereof; and for general relief. On the 16th of February, 1857, the parties herein executed an indenture, whereby the plaintiff demised to the defendants the land in controversy (consisting of four lots in the city of Milwaukee, upon which was a warehouse), for a term of five years from the 1st of August of the same year ; and…
1Opinion of the Court
By the Court,
DixoN, C. J.
We have read and considered the argument of the counsel for the defendants. We cannot agree with them. Turn the facts and reason upon them as we may, there was no lien or assessment before the commencement of the term. The lien accrued and the assessment was made during the term; and the language of the covenant was, that the defendants were “ to pay all taxes and assessments levied or assessed thereon during said term.” Suppose the improvements had been ordered and made during the last two months of the term, and the certificates issued and assessment made *429as now,…
2Cited by4 opinions
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