State ex rel. Knox v. Hundhausen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee Comity. Section 1, chapter 113, Laws of 1867, provides, that ‘ £ whenever any lot or tract of land which has been, or shall hereafter be, sold for taxes, shall have been in the actual occupancy or possession of any person for the period of thirty days or more, at any time within the six months immediately preceding the expiration of the time of redemption, or the six months immediately preceding the time when the deed shall be…
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APPEAL from the Circuit Court for Milwaukee Comity. Section 1, chapter 113, Laws of 1867, provides, that ‘ £ whenever any lot or tract of land which has been, or shall hereafter be, sold for taxes, shall have been in the actual occupancy or possession of any person for the period of thirty days or more, at any time within the six months immediately preceding the expiration of the time of redemption, or the six months immediately preceding the time when the deed shall be applied for, such deed shall not be issued unless a written notice shall have been served upon the owner or upon such…
1Opinion of the CourtPaike, J.
In a former case between these parties, this court decided that chapter 113, Laws of 1867, so far as it purported to apply to tax certificates upon which deeds were already due at the time of its passage, was invalid, as impairing the obligation of the contract. It was suggested, however, in that opinion, that it might be “valid as to sales made previous to its passage, but as to which there was a reasonable opportunity furnished to the holders of the certificates to comply with its provisions in time to obtain their deeds when they woul,d otherwise have become due.”
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2Cases cited1 opinion
- Von Baumbach v. BadeWisconsin Supreme Court · 1859
3Cited by5 opinions
- City of Lincoln v. GrantNebraska Supreme Court · 1893
- Plum v. City of Fond du LacWisconsin Supreme Court · 1881
- Gage v. StewartIllinois Supreme Court · 1889
- Coulter v. StaffordCourt of Appeals for the Ninth Circuit · 1893
- Kelly v. GwatkinSupreme Court of Virginia · 1908