Durbin v. Platto
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action to foreclose tax certificates, under eh. 181 of 1872. In respect to each certificate, the complaint alleges the sale of the land, specifying the date of such sale; the taxes for which and the officer by whom the sale was made; the purchaser; the amount bid, and that the same was the amount due on the land for said taxes, etc.; the execution of the certificate; the subsequent assignment and transfer thereof for value;…
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APPEAL from the County Court of Milwaukee County. Action to foreclose tax certificates, under eh. 181 of 1872. In respect to each certificate, the complaint alleges the sale of the land, specifying the date of such sale; the taxes for which and the officer by whom the sale was made; the purchaser; the amount bid, and that the same was the amount due on the land for said taxes, etc.; the execution of the certificate; the subsequent assignment and transfer thereof for value; the facts that plaintiff is the present owner and holder, and that no part of or interest in the land has been redeemed…
1Opinion of the CourtObton, J.
This is a proceeding to foreclose a tax certificate under section 1, ch. 181, Laws of 1872. This section provides for such foreclosure, “as in the case of a mortgage,” and “ that all the rules of law and practice relating to the foreclosure of mortgages by action, as to the persons necessary and proper to be made parties to such actions, the decree of sale and foreclosure therein, the rules of pleading and evidence therein, the right of the plaintiff to be subrogated to the benefit of all liens upon the premises,” etc., shall prevail.
These provisions sufficiently answer the point of no notice…
2Cases cited1 opinion
- Smith v. VandykeWisconsin Supreme Court · 1863
3Cited by3 opinions
- Memphis Land & Timber Co. v. St. Francis Levee DistrictSupreme Court of Arkansas · 1897
- City of Waterbury v. SchmitzSupreme Court of Connecticut · 1890
- Manseau v. EdwardsWisconsin Supreme Court · 1881