Bigelow v. Blake
Wisconsin Supreme Court
APPEAL from the Circuit Court for Omulcee County. Ejectment. Trial before the court without a jury. The plaintiff offered in evidence two certificates, one of which was as follows : “ Receiver’s Office, Menasha, Wis., October 9th, 1858. I hereby certify that from the books and records of the United States land office at Menasha, Wisconsin, it appears that on the 24th day of November, 1835, at Green Bay, Wooster Harrison of Milwaukee county, entered, purchased and paid for at…
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APPEAL from the Circuit Court for Omulcee County. Ejectment. Trial before the court without a jury. The plaintiff offered in evidence two certificates, one of which was as follows : “ Receiver’s Office, Menasha, Wis., October 9th, 1858. I hereby certify that from the books and records of the United States land office at Menasha, Wisconsin, it appears that on the 24th day of November, 1835, at Green Bay, Wooster Harrison of Milwaukee county, entered, purchased and paid for at public sale, viz: lot three, of sec. twenty-eight, in township eleven north, of range twenty-two east, containing…
1Opinion of the Court
By the Court,
DixoN, C. J.
The receiver’s certificates were improperly received in evidence. Counsel cites secs. 103 and *521104, chap. 137, R. S., in support of their admissibility. Section 108 makes the receiver’s receipt or certificate of purchase, and the official certificate of the register or receiver of the entry or purchase of public lands, prima fade evidence of title. Section 104 declares that copies of any record, plat, file, paper, or memorandum, of the purchase or entry of any land, made or kept in any land office of the United. States located' in this state, certified by the…
2Cited by1 opinion
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