Clarke v. Lincoln County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. Action to remove a cloud from plaintiff’s title to certain lands, by cancelling tax certificates issued upon' sales of said lands in 1875 and 1876, for the taxes of 1874 and 1875, upon the ground that the assessments of property for taxation for the years last named, in the towns in which plaintiff’s lands were situate, were void.
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APPEAL from the Circuit Court for Lincoln County. Action to remove a cloud from plaintiff’s title to certain lands, by cancelling tax certificates issued upon' sales of said lands in 1875 and 1876, for the taxes of 1874 and 1875, upon the ground that the assessments of property for taxation for the years last named, in the towns in which plaintiff’s lands were situate, were void. The defendant county demurred to the complaint on the ground that' it appeared upon the face thereof that the action was not commenced within the time limited by sec. 7, ch. 334, Laws of 1878. The demurrer was…
1Opinion of the CourtCole, C. J.
So far as this case .is concerned it makes but' little difference whether we-consider it on the demurrer, or on-the answer and the finding of the court. The result will be the same in either view. The action is to cancel tax certificates issued on the sale of plaintiff’s lands for taxes, May 11, 1875, and May 9, 1876. In both the demurrer and answer the objection is taken and relied upon, that the action was not commenced within the time limited by section 7, ch. 334, Laws of 1878, and is therefore barred. Under that statute, the time for bringing .the action would expire on the 25th of…
2Cases cited1 opinion
- Mead v. NelsonWisconsin Supreme Court · 1881
3Cited by8 opinions
- Ward v. WaltersWisconsin Supreme Court · 1885
- Dreutzer v. SmithWisconsin Supreme Court · 1882
- Whereatt v. WorthWisconsin Supreme Court · 1900
- Morgan v. BishopWisconsin Supreme Court · 1884
- Prentice v. Ashland CountyWisconsin Supreme Court · 1882
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