Hewitt v. Butterfield
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ma/rathon County. Ejectment, for a large numbed of quarter-sections of land in said county. The answer was a general denial and an averment of title in the defendant.
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APPEAL from the Circuit Court for Ma/rathon County. Ejectment, for a large numbed of quarter-sections of land in said county. The answer was a general denial and an averment of title in the defendant. Plaintiffs claimed said lands under patents, most of which were dated October 4, 1871, from the state of Wisconsin to Welcome Hyde and the plaintiff Henry Heioitt, Jr./ and they offered in evidence said patents, with deeds from Hyde and wife to the plaintiff &'¡wills, executed in 1877, and also a quitclaim deed from the county of Marathon and the state of Wisconsin to the state of Wisconsin,…
1Opinion of the CourtCole, C. J.
The plaintiffs claim title to the land in controversy under patents issued by the state. Their counsel contend that these patents afford presumptive evidence of title as against the defendant, who claims under tax deeds issued in tax proceedings instituted subsequent to the dates of the several patents. "We see no escape from this position, and consider it decisive of the case. It is true, it is argued by defendant’s counsel' that the state acquired no title to the lands under the conveyance from Marathop county, because the tax deeds under which Marathon county held them were void on their…
2Cases cited1 opinion
- Dean v. EarleyWisconsin Supreme Court · 1862
3Cited by3 opinions
- Wisconsin Central Railroad v. Wisconsin River Land Co.Wisconsin Supreme Court · 1888
- Wadleigh v. Marathon County BankWisconsin Supreme Court · 1883
- Brown v. CastellawSupreme Court of Florida · 1894