Huey v. Van Wie
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane county. Ejectment. The defendant claimed under a tax deed executed in May, 18S6, and recovered judgment; from which the plaintiff appealed. Tbe only questions raised on tbe trial were concerning tbe validity of tbe tax deed; and these are sufficiently stated in tbe opinion of tbe court. 1.Tbe deed should bave been executed either by tbe clerk as clerk, or by tbe deputy as deputy, and not by one in the name of the other.
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APPEAL from tbe Circuit Court for Dane county. Ejectment. The defendant claimed under a tax deed executed in May, 18S6, and recovered judgment; from which the plaintiff appealed. Tbe only questions raised on tbe trial were concerning tbe validity of tbe tax deed; and these are sufficiently stated in tbe opinion of tbe court. 1.Tbe deed should bave been executed either by tbe clerk as clerk, or by tbe deputy as deputy, and not by one in the name of the other. If tbe deputy executed tbe deed in tbe absence of tbe clerk, as be must bave done if be acted within tbe statute, tbe act was bis own,…
1Opinion of the CourtCole, J.
The tax deed in this case was executed by the deputy; and it is conceded on both sides that when the deputy acts, the presumption is that the clerk was absent or disabled, or that a vacancy had occurred, so that the deputy was authorized to perform the duties of the clerk. If by this concession is meant, that in case of tax deeds, the courts will apply the maxim omnia vite pvaisumuntev — the presumption that officers, have performed their duty in the tax proceedings as in ordinary judicial proceedings — it is very doubtful whether any such presumption would arise. “ It is a general principle,…
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