Clarke v. Lincoln County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County Action, commenced November 13, 1879, to remove a cloud from plaintiff’s title to certain lands, by cancelling tax certificates issued upon sales of. said lands in 1877, Í87S and 1879, each of said sales being for the non-payment of taxes of the preceding year; the ground alleged for such relief being that the assessments of property for taxation for the years 1876, 1877 and 1878, in the several towns in which said lands were…
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APPEAL from the Circuit Court for Lincoln County Action, commenced November 13, 1879, to remove a cloud from plaintiff’s title to certain lands, by cancelling tax certificates issued upon sales of. said lands in 1877, Í87S and 1879, each of said sales being for the non-payment of taxes of the preceding year; the ground alleged for such relief being that the assessments of property for taxation for the years 1876, 1877 and 1878, in the several towns in which said lands were situate, were void. The answer alleged, among other things, that the action was not commenced within the time limited by…
1Opinion of the CourtCole, C. J.
As to the tax certificates which were issued on the tax sales made in May, 1877, and in May, 1878, the statute of limitations, which was set up in the answer, was a complete defense, and should have prevailed. ■ This point is expressly so ruled in the case between these parties, the decision of which is announced,at the same time as this case. That it is entirely competent for the legislature to limit the right of action to set aside tax sales or tax certificates by the owner, has been repeatedly affirmed in this court, and the question is not open for debate. Therefore section 7, ch. 834,…
2Cases cited4 opinions
- Flanders v. Town of MerrimackWisconsin Supreme Court · 1880
- Plumer v. Board of SupervisorsWisconsin Supreme Court · 1879
- Monroe v. City of Fort HowardWisconsin Supreme Court · 1880
- Single v. Town of StettinWisconsin Supreme Court · 1880
3Cited by4 opinions
- Webster-Glover Lumber & Manufacturing Co. v. St. Croix CountyWisconsin Supreme Court · 1885
- Johnston v. City of OshkoshWisconsin Supreme Court · 1886
- Bradley v. Lincoln CountyWisconsin Supreme Court · 1884
- Griggs v. St. Croix Co.U.S. Circuit Court for the District of Western Wisconsin · 1884