Gilkey v. Cook
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marinette County. The opinion states the case. The plaintiff appealed from a judgment in favor of the defendant. They contended, inter alia, that the tax deed was void on its face because executed by the deputy in his own name instead of the name of his principal.
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APPEAL from the Circuit Court for Marinette County. The opinion states the case. The plaintiff appealed from a judgment in favor of the defendant. They contended, inter alia, that the tax deed was void on its face because executed by the deputy in his own name instead of the name of his principal. E. S., sec. 1176; Iluey v. Van Wie, 23 Wis., 613; Blackwell on Tax Titles, 375; Wilsons v. Bell, 7 Leigh, 22; Flanagan v. Grimmet, 10 Grat., 431; Lynch v. Livingston, 6 N. Y., 422. It is true that where one statute amends another “ so as to read as follows,” the prior statute is repealed. But the…
1Opinion of the Court
Cole, 0. J.
This is an action of ejectment, commenced September 7, 1883. Eor the purposes of the trial it was admitted that the plaintiff had the patent title and was entitled to recover unless the defendant was the owner of the land by virtue of a tax deed bearing date and recorded May 29, 1882, issued on the tax sale of 1879. No question was made but that the statute of limitations was well pleaded in the answer. The plaintiff objected to the admission of the tax deed in evidence on the ground that it was void upon its face because it was executed by the deputy clerk in his own name. The…
2Cases cited1 opinion
- Huey v. Van WieWisconsin Supreme Court · 1869
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- Matter of Allison v. . WeldeNew York Court of Appeals · 1902
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