Kathan v. Comstock
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano ■ county: Joiot Goodlamd, Circuit Judge. Equitable action to set aside deeds to real estate and quiet .title.
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Appeal from a judgment of the circuit court for Shawano ■ county: Joiot Goodlamd, Circuit Judge. Equitable action to set aside deeds to real estate and quiet .title. The issues passed upon in closing the case by judgment may be concisely stated, as follows: The title to the particular land in question and others, aggregating twenty-two tracts, was in Joseph Kathan at the time of his death, May 26, 1901. He died intestate, leaving as his only heirs his widow, Hattie P. Kathan, and three minor children, the plaintiffs herein. The title to said land was vested in them on the death of Mr. Kathan,…
1Opinion of the CourtMaeshall, J.
The findings of fact do not appear, at any point, contrary to the clear preponderance of the evidence. Therefore, by a familiar principle, they must be regarded as verities and the judgment based thereon right, if the conclusions of law are warranted.
If the particular tract of land was in the actual possession of Kathan, deceased, for the full three years after execution and recording of the last tax deed, as found by the trial court, and it seems, as above indicated, that such must be taken as the fact, the tax titles were thereby extinguished, leaving Kate Pier without any interest in the…
2Cases cited11 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Gunther v. UllrichWisconsin Supreme Court · 1892
- Krause v. BusackerWisconsin Supreme Court · 1900
- Jones v. CollinsWisconsin Supreme Court · 1863
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jacobson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916
- First National Bank of Tigerton v. HackettWisconsin Supreme Court · 1914
- Miller v. OsterlundSupreme Court of Minnesota · 1923
- Knudson v. GeorgeWisconsin Supreme Court · 1914
- Chicago, R. I. & P. Ry. Co. v. BurkeSupreme Court of Oklahoma · 1918
5 more not listed; retrieve them via the Exa API.