Delaplaine v. Cook
Wisconsin Supreme Court
ERROR TO DANE CIRCUIT COURT. This was an action of ejectment commenced in the usual form, before the code, for the recovery of lot 6, in block 43, and lilts 7, 8, and 9, in block 53, in the village of Madison. The defence was, the general issue and title in the defendant, by virtue of tax deeds, and the statute of limitations.
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ERROR TO DANE CIRCUIT COURT. This was an action of ejectment commenced in the usual form, before the code, for the recovery of lot 6, in block 43, and lilts 7, 8, and 9, in block 53, in the village of Madison. The defence was, the general issue and title in the defendant, by virtue of tax deeds, and the statute of limitations. On the trial, the plaintiff to establish his title produced a record from the office of the Register of Deeds, of a patent from the United States to James D. Doty and Stevens T, Mason, dated May 34,1841; also, from volume 3, page 332, a record of a warranty deed from…
1Opinion of the Court
By the Court,
Whiton, C. J.
As we desire to hear many of the questions which were discussed by counsel further argued, before we finally pass upon them, and as we are satisfied that in one respect the ruling of the court below was incorrect, we have concluded to reverse the judgment in this case and award a new trial. It will not be denied that many of the questions presented by this record are most important, not only to individuals, but to the State itself, which depends for its means to perform the functions of a government mainly upon the taxes which it annually levies upon the property of…
2Cited by7 opinions
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- Bowman v. CockrillSupreme Court of Kansas · 1870
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Lumsden v. CrossWisconsin Supreme Court · 1860
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