Mitchell v. Lyons
Wisconsin Supreme Court
' Appeal from a judgment of the municipal court of Lang: lade county: T. W. IIogaN, Judge. Action to quiet title. Tbe plaintiff Henry B. Mitchell purchased the interest of his brother James Mitchell in the land in question at an execution sale in October, 1912, under a judgment against James Mitchell and received a deed January 12, 1914. Previously he owned an undivided one-half interest in the land in common with his brother James.
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' Appeal from a judgment of the municipal court of Lang: lade county: T. W. IIogaN, Judge. Action to quiet title. Tbe plaintiff Henry B. Mitchell purchased the interest of his brother James Mitchell in the land in question at an execution sale in October, 1912, under a judgment against James Mitchell and received a deed January 12, 1914. Previously he owned an undivided one-half interest in the land in common with his brother James. The latter went into possession of the land in 1906 under an agreement to pay the taxes thereon, and remained in possession till September 19, 1912. In the…
1Opinion of the CourtViNJE, J.
The court adjudged the tax deeds to Olive Lyons void because James Mitchell, whose duty it wns to pay the taxes under his agreement with his brother, caused one Duchac to purchase the tax certificates and furnished him with the money therefor; that Duchac at Mitchell’s request assigned the certificates to Olive Lyons, the mother-in-law of James Mitchell, who has resided with him since 1901; that Olive Lyons took with notice of the facts and paid no consideration for the assignment to her. The court also adjudged the mortgage of $1,400 given Wirig and the deed later executed and delivered to…
2Cases cited4 opinions
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Menasha Wooden Ware Co. v. Town of WinterWisconsin Supreme Court · 1915
- Eastman v. SchettlerWisconsin Supreme Court · 1861
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- Perszyk v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1934
- Associates Discount Corp. v. Mohs Realty, Inc.Wisconsin Supreme Court · 1966
- Cressler v. BrownSupreme Court of Oklahoma · 1920