Stacy v. Bennett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a tax-sale certificate, brought by the alleged owner of the certificate against the original owners of the land described thei’ein, of whom the appellant is one.
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APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a tax-sale certificate, brought by the alleged owner of the certificate against the original owners of the land described thei’ein, of whom the appellant is one. It is stated in the complaint that on January 28, 1819, the land was regularly sold for nonpayment of- the taxes assessed against it, and was struck off to one A. J. llarmeyer for $1.32; that thereupon the proper treasurer “executed and delivered to said A. J. ITarmeyer a certificate of said sale, in due form of law, of that date, which said certificate has been…
1Opinion of the CourtLyon, J.
The averment in the complaint that the tax-sale certificate had been duly assigned to the plaintiff is essential to his cause of action, and is therefore a traversable averment. The appellant traversed it “ upon information and belief.” The only question necessary to be determined on this appeal is whether a traverse in that form is allowable. Except in those special cases in which the defendant is conclusively presumed to -have positive knowledge as to the existence or non-existence of a fact alleged in the complaint, we have no doubt that the defendant may interpose a denial in this form.…
2Cited by2 opinions
- Russell & Co. v. AmundsonNorth Dakota Supreme Court · 1894
- Lewis v. WeyerhorstMontana Supreme Court · 1895