Edwards v. Upham
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oneida •county: Chas. Y. Raedles, Circuit Judge. Action of ejectment, brought by the original owner of land against a tax-deed claimant.
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Appeal from a judgment of the circuit court for Oneida •county: Chas. Y. Raedles, Circuit Judge. Action of ejectment, brought by the original owner of land against a tax-deed claimant. The defendant had two tax deeds,— one based on the tax sale of 1882, recorded September 12, 1889; the other on the tax sale of 1886, recorded May 25, 1889. More than three years had elapsed after the recording of the first tax deed before the commencement of this action and before the filing of the claim hereinafter mentioned for the return of. the money paid to the county for the certificate on which such deed…
1Opinion of the CourtMaeshall, J.
The first question presented is, Were the-inquiry made by plaintiff of the county treasurer of Lincoln county, respecting the back taxes for the year on which the first tax deed was based, and the reply of such treasurer thereto, effectual to discharge such land from the lien of such taxes? The law is well settled that if a landowner in. good faith applies to the proper officer for the purpose of paying the taxes thereon, and is prevented from making payment by the mistake, wrong, or fault of such officer, such attempt to pay is equivalent to payment and discharges-*458the land from the lien of…
2Cases cited4 opinions
- Gould v. SullivanWisconsin Supreme Court · 1893
- Van Benthuysen v. . SawyerNew York Court of Appeals · 1867
- Mabie v. MattesonWisconsin Supreme Court · 1863
- Bray & Choate Land Co. v. NewmanWisconsin Supreme Court · 1896
3Cited by2 opinions
- Kneeland v. WoodMichigan Supreme Court · 1898
- Nelson v. ChurchillWisconsin Supreme Court · 1903