Legal Opinion

Mather v. Hutchinson

Wisconsin Supreme Court

Decided June 15, 1869PublishedCited by 16 opinions

APPEAL from the Circuit Court for La Fayette Count7. Ejectment, commenced in 1867, for an undivided half of two forty-acre tracts. Complaint in the ordinary form.

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APPEAL from the Circuit Court for La Fayette Count7. Ejectment, commenced in 1867, for an undivided half of two forty-acre tracts. Complaint in the ordinary form. Answer : 1. A general denial. 2. Possession and occupancy for ten years under claim of title, exclusive of any other right, founded upon a written instrument. 3. That (as defendant is informed and believes) plaintiff claims title to the premises under a certain pretended or so-called tax deed, or tax deeds, purporting to be issued by the clerk of the board of supervisors of La Fayette county; that said tax deed or tax deeds was or…

1Opinion of the CourtPaine, J.

The counsel for the appellant would hardly contend, that, if the facts testified to on the part of the respondent, and not contradicted, in relation to the manner in which a redemption was prevented, were true, the respondent ought not to have relief, at least in equity, against the appellant’s tax deed. No one could reasonably so contend. Those facts show a fraudulent collusion, on the part of the clerk of the board of supervisors and the appellant’s agent, by which the redemption was prevented. Even if it be conceded that the time for *35redemption expired on Saturday night, and that after…

2Cases cited1 opinion

  1. Lain v. ShepardsonWisconsin Supreme Court · 1868

3Cited by16 opinions

  1. Young v. GlascockSupreme Court of Missouri · 1883
  2. Parker v. DacresWashington Supreme Court · 1890
  3. Burnham v. MitchellWisconsin Supreme Court · 1874
  4. Hurt v. FordSupreme Court of Missouri · 1898
  5. Eastman v. GurreyUtah Supreme Court · 1897

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