Burchard v. Roberts
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wavjpaoa County. Ejectment for certain land situated in the county of "Wau-paca. A patent therefor wras issued July 18, 1855, by the state of Wisconsin to Austin C. Burchard, who died intestate, September 10, 1863, seized of the land in controversy. He left surviving him a widow and two children. The latter are the plaintiffs. Nellie was born December 27, 1858, and Horace on November 19, 1861. ITe left no other heirs.
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APPEAL from the Circuit Court for Wavjpaoa County. Ejectment for certain land situated in the county of "Wau-paca. A patent therefor wras issued July 18, 1855, by the state of Wisconsin to Austin C. Burchard, who died intestate, September 10, 1863, seized of the land in controversy. He left surviving him a widow and two children. The latter are the plaintiffs. Nellie was born December 27, 1858, and Horace on November 19, 1861. ITe left no other heirs. The widow conveyed her interest in the estate of her deceased husband to the plaintiffs before this action was commenced, which was on August…
1Opinion of the CourtLyon, J.
This appeal presents two questions for determination. These are: (1) Was the action properly brought against John Roberts alone? (2) Was the purchase of the land in controversy by Yincent Eoberts at the tax sale of 1880, and the payment therefor of the amount of the taxes and charges due thereon, a payment of the taxes and a redemption of the land therefrom?
1. The statute relating to parties in actions of ejectment contains the following provisions: “ If the premises for which the action is brought are actually occupied by any person, such actual occupant shall be named defendant in the…
2Cases cited9 opinions
- Smith v. LewisWisconsin Supreme Court · 1866
- Wright v. SperryWisconsin Supreme Court · 1867
- Lybrand v. HaneyWisconsin Supreme Court · 1872
- Bassett v. WelchWisconsin Supreme Court · 1867
- Fisk v. BrunetteWisconsin Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Integrity Trust Co. v. St. Rita B. & L. Assn.Superior Court of Pennsylvania · 1933
- Spiess v. NeubergWisconsin Supreme Court · 1888
- Koch v. Kiron State BankSupreme Court of Iowa · 1941
- Finlayson v. PetersonNorth Dakota Supreme Court · 1902
- Hill v. BuffingtonWisconsin Supreme Court · 1900
8 more not listed; retrieve them via the Exa API.