Legal Opinion

Hughes v. Libby

Wisconsin Supreme Court

Decided January 15, 1877PublishedCited by 1 opinion

APPEAL from the Circuit Court for St. Croix County. Ejectment. The answer contained a general denial, and also set up, as a further defense and by way of counterclaim, a tax deed issued to defendant August 4, 1871, which was good upon its face and duly recorded, and asked for a judgment barring the rights of the plaintiff as previous owner.

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APPEAL from the Circuit Court for St. Croix County. Ejectment. The answer contained a general denial, and also set up, as a further defense and by way of counterclaim, a tax deed issued to defendant August 4, 1871, which was good upon its face and duly recorded, and asked for a judgment barring the rights of the plaintiff as previous owner. The answer further alleged that the deed under which plaintiff claimed title was a tax deed, which had been on record more than three years before the commencement of this action, and that plaintiff’s right of action thereon was barred. The plaintiff…

1Opinion of the CourtCole, J.

It is stated in the brief of counsel on both sides, that this action was commenced on the 6th day of July, 1874; and the circuit court finds as a fact that it was commenced at that time. The original papers seem to have been sent up on the appeal, and, upon referring to them, it will he seen that the complaint was verified on the 16th day of June, 1873, and the answer was verified on the 25th of the next month. It does not appear when the summons and complaint were served; but we must assume that they were served, and the action commenced, some time before the answer was verified. *473It is…

2Cited by1 opinion

  1. Hughes v. LibbyWisconsin Supreme Court · 1877

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