Wisconsin Oak Lumber Co. v. Laursen
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Polk ■county: A. J. Yiitje, Circuit Judge; Tbis is an action of replevin to recover tbe possession of a quantity of lumber or tbe sum of $4,440, tbe value thereof, in case delivery could not be bad, with interest thereon from March 21, 1903. The defendant answered by way of admissions, denials, and counter allegations to the effect that the defendant became the owner of the lumber by purchasing tbe same at a town treasurer’s…
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Appeal from a judgment of tbe circuit court for Polk ■county: A. J. Yiitje, Circuit Judge; Tbis is an action of replevin to recover tbe possession of a quantity of lumber or tbe sum of $4,440, tbe value thereof, in case delivery could not be bad, with interest thereon from March 21, 1903. The defendant answered by way of admissions, denials, and counter allegations to the effect that the defendant became the owner of the lumber by purchasing tbe same at a town treasurer’s tax sale thereof, duly and regularly held by the town treasurer March 21, 1903, pursuant to a tax roll and warrant in his…
1Opinion of the CourtCassoday, C. J.
1. It is claimed on tbe part of tbe defendant that tbe action is not maintainable because tbe lumber bad been taken for a tax. Tbe affidavit for tbe writ of re-*488plevin stated, in the language of the statute, that the lumber had “not been taken for a tax, assessment or fine, pursuant to the statute,” etc. See. 2718, Stats. 1898. But such affidavit was not conclusive of the fact so stated. Koehler v. Dobberpuhl, 60 Wis. 256, 18 N. W. 841. It appears from the record that it was not taken for a tax levied against the plaintiff, but for a tax levied against Ered W. Upham. The corresponding section…
2Cases cited9 opinions
- Vilas v. MasonWisconsin Supreme Court · 1870
- Two Rivers Manufacturing Co. v. DayWisconsin Supreme Court · 1899
- Kaehler v. DobberpuhlWisconsin Supreme Court · 1884
- McCord v. HillWisconsin Supreme Court · 1903
- Power v. KindschiWisconsin Supreme Court · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Perham v. PutnamMontana Supreme Court · 1928
- Mariner v. City of MilwaukeeWisconsin Supreme Court · 1911
- Williams v. J. L. Gates Land Co.Wisconsin Supreme Court · 1911