Smith v. Cleveland
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Action commenced June 20, 1862, against Arnold Cleveland, Elizabeth A. Porter, and Benajmin W. Porter, ber husband, to recover possession of land. Cleveland was in possession of tbe land as a tenant under said Elizabeth, wbo claimed under a tax sale made in April, 1855, upon wbicb a deed bad been issued to ber in November, 1858, sbe being then a feme sole.
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APPEAL from tbe Circuit Court for Dane County. Action commenced June 20, 1862, against Arnold Cleveland, Elizabeth A. Porter, and Benajmin W. Porter, ber husband, to recover possession of land. Cleveland was in possession of tbe land as a tenant under said Elizabeth, wbo claimed under a tax sale made in April, 1855, upon wbicb a deed bad been issued to ber in November, 1858, sbe being then a feme sole. On tbe trial, after tbe plaintiff bad shown his chain of title, tbe defendants proved tbe maiden name of said Elizabeth, and ber marriage with Benjamin W.’ Porter. They then introduced in…
1Opinion of the Court
By the Court,
DixoN, C. J.
The sale for the unpaid taxes, the issuing and transfer of the certificate, and the execution *564and recording of the deed under which, the defendants claim title, all took place while the act of April 8, 1854 was in force. Laws of 1854, chap. 66. That act restored the act of April 19, 1852, which had been in part repealed by the act of March 31, 1853. Laws of 1852, chap. 503; Laws of 1853, chap. 57. The first and second sections of the act of April 19th declares that a tax deed executed by the proper officers, and in the prescribed form, should be conclusive in all…
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