Jackson v. Town of Jacksonport
Wisconsin Supreme Court
APPEAL from the Circuit Court for Door County. The case is thus stated by Mr. Justice Oassoday: “ This is an action to recover back money paid by the plaintiff to the defendant in 1875 for certain tax certificates held by the latter on certain lands in Door county, which certificates the defendant claimed to own and purported to. sell to the plaintiff, but which it is claimed the defendant did not and could not own, and did not and could not sell.
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APPEAL from the Circuit Court for Door County. The case is thus stated by Mr. Justice Oassoday: “ This is an action to recover back money paid by the plaintiff to the defendant in 1875 for certain tax certificates held by the latter on certain lands in Door county, which certificates the defendant claimed to own and purported to. sell to the plaintiff, but which it is claimed the defendant did not and could not own, and did not and could not sell. Before the trial the plaintiff returned the certificates to the defendant and demanded the repayment of the money, but the defendant refused to…
1Opinion of the CourtCassoday, J.
It is urged by the learned counsel for the defendant that the evidence conclusively shows that the plaintiff, in purchasing the tax certificates, was acting for his father, who was the owner of the land, or in fraud of his rights^ so as to make him a trustee, holding the certificates in trust for the land-owner. It is a sufficient answer to say that the plaintiff positively denies that such were the facts, and positively swears that he purchased the tax certificates for himself, and with his own money. This was sufficient to take the case to the jury, and hence it was error to direct a…
2Cases cited5 opinions
- Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1878
- Wells v. American Express Co.Wisconsin Supreme Court · 1880
- Fay v. LovejoyWisconsin Supreme Court · 1866
- Smith v. ToddWisconsin Supreme Court · 1882
- Sabotta v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1882
3Cited by7 opinions
- Wickham v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- State v. BayneWisconsin Supreme Court · 1898
- Radmann v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Glendale Investment Ass'n v. Harvey Land Co.Wisconsin Supreme Court · 1902
- Leiser v. KieckheferWisconsin Supreme Court · 1897
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