Daggett v. Reas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. The action is to recover damages for alleged breaches of the covenants against incumbrances, of seisin and of general warranty, in a deed of land executed by defendant to plaintiff. The deed is in the statutory form of a warranty deed (E. S. sec. 2208), and was executed December 10,1883. The land conveyed by it was vacant and unoccupied.
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APPEAL from the Circuit Court for Waupaca County. The action is to recover damages for alleged breaches of the covenants against incumbrances, of seisin and of general warranty, in a deed of land executed by defendant to plaintiff. The deed is in the statutory form of a warranty deed (E. S. sec. 2208), and was executed December 10,1883. The land conveyed by it was vacant and unoccupied. The plaintiff paid the taxes assessed thereon in the years 1883 to 1886, inclusive, amounting in all to $9.74. On May 26, 1884, a tax deed of the same land, duly executed by the county clerk to one Smith, was…
1Opinion of the CourtLyon, J.
The tax deed to Smith was valid and sufficient to convey to him the land described therein. When it was recorded, on March 26, 1884, such land was vacant and unoccupied. Hence the recording of the tax deed operated to vest in Smith, the grantee named therein, the constructive possession of the land. See cases cited in note to sec. 1187, S. & B. Ann. Stats, p. 739. When the plaintiff took his conveyance of the land from defendant, the tax sale certificate upon which the tax deed was" issued was outstanding, and therefore an incumbrance upon the land. The recording of the deed necessarily…
2Cases cited3 opinions
- Messer v. OestreichWisconsin Supreme Court · 1881
- Mecklem v. BlakeWisconsin Supreme Court · 1868
- Nichol v. AlexanderWisconsin Supreme Court · 1871
3Cited by3 opinions
- Madden v. Caldwell Land Co.Idaho Supreme Court · 1909
- Flanders v. Washburn Land Co.Wisconsin Supreme Court · 1909
- Milot v. ReedMontana Supreme Court · 1892