Perkins v. Wilkinson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. This action was brought by the plaintiff as the owner of three mortgages on the premises described in the complaint, being a farm in Pierce county known as the “ Dexter Owen Farm,” and upon which mortgages there was due about $5,'TOO, to set aside, as fraudulent and void, a certain tax deed thereof to the defendant Webster, dated August 26, 1890, and a conveyance by him to the defendant Wilkinson September 12, 1890; and it was…
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APPEAL from the Circuit Court for Pierce County. This action was brought by the plaintiff as the owner of three mortgages on the premises described in the complaint, being a farm in Pierce county known as the “ Dexter Owen Farm,” and upon which mortgages there was due about $5,'TOO, to set aside, as fraudulent and void, a certain tax deed thereof to the defendant Webster, dated August 26, 1890, and a conveyance by him to the defendant Wilkinson September 12, 1890; and it was charged that the defendant Wilkinson had notice of the fraudulent and illegal character of the tax deed, and was not a…
1Opinion of the CourtFinney, J.
1. It is plain that the defendant Webster occupied such a relation to the lands in question and to the plaintiff, as the owner and holder of the three mortgages thereon, that it became and was his duty to have paid the taxes for which they were sold in 1887 and deeded to him by tax deed in 1890. The procuring by him of the tax certificates of sale and tax deed thereon operated as a redemption of the lands, as between the plaintiff and Webster, so that as between them the tax deed, as an instrument of title, was void. Webster was the real beneficial owner of the land for over seven years, with…
2Cases cited6 opinions
- Fallass v. PierceWisconsin Supreme Court · 1872
- Smith v. LewisWisconsin Supreme Court · 1866
- Whitney v. GundersonWisconsin Supreme Court · 1872
- Bassett v. WelchWisconsin Supreme Court · 1867
- Newton v. MarshallWisconsin Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Baldwin v. BarberWisconsin Supreme Court · 1917