Legal Opinion

Emerson v. McDonnell

Wisconsin Supreme Court

Decided June 21, 1906PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Ashland -county: John K. Pakish, Circuit Judge. An action under the statute, based on a tax deed, to bar the ■defendants, as original owners, from having any right or inter•est in the lands included in the “tax deed.” The action was tried by the court and on April 29, 1905, it made its findings of facts upon the questions litigated.

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Appeal from a judgment of the circuit court for Ashland -county: John K. Pakish, Circuit Judge. An action under the statute, based on a tax deed, to bar the ■defendants, as original owners, from having any right or inter•est in the lands included in the “tax deed.” The action was tried by the court and on April 29, 1905, it made its findings of facts upon the questions litigated. The findings material to the questions presented on this appeal are in substance as follows: On June 6, 1899, Ashland county conveyed the lands in ■question to the plaintiffs by tax deed. This deed is in due form,…

1Opinion of the CourtSiebeciceR, J.

The court’s findings are assailed as not warranted by the evidence in several respects. It is asserted that the evidence does not sustain the court’s conclusion that A. W. McLeod had been retained and employed as defendants’ attorney on September 5, 1899, when he bargained with them for the lands in controversy and when, shortly after, they were transferred to’ him at a price much less than their actual value. This contention is at variance with an affidavit made by McLeod to the effect that he was retained and employed for the defense and that he had accepted such employment and had given…

2Cases cited2 opinions

  1. Barker v. BarkerWisconsin Supreme Court · 1860
  2. Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901

3Cited by6 opinions

  1. Sherwin-Williams Co. v. J. Mannos & Sons, Inc.Massachusetts Supreme Judicial Court · 1934
  2. Blixt v. JanowiakWisconsin Supreme Court · 1922
  3. Winders v. Illinois Central Railroad Co.Supreme Court of Minnesota · 1929
  4. Haumersen v. SladkyWisconsin Supreme Court · 1936
  5. Washburn Land Co. v. SanbornWisconsin Supreme Court · 1912

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