Legal Opinion

Austin v. Holt

Wisconsin Supreme Court

Decided January 15, 1873PublishedCited by 16 opinions

APPEAL from the Circuit Court for Broum County. Action for the conversion of a quantity of saw logs belonging to the plaintiff, by the defendants Devilla B. Holt and Jane M Balcom, who, at tbe time of such conversion (April 1,1871), were partners in tbe business of manufacturing and dealing in lumber at the city of Oconto, in this state. TJri Balcom was also made defendant as husband of said Jane E. Balcom.

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APPEAL from the Circuit Court for Broum County. Action for the conversion of a quantity of saw logs belonging to the plaintiff, by the defendants Devilla B. Holt and Jane M Balcom, who, at tbe time of such conversion (April 1,1871), were partners in tbe business of manufacturing and dealing in lumber at the city of Oconto, in this state. TJri Balcom was also made defendant as husband of said Jane E. Balcom. Tbe logs are alleged to have been cut by one Sargent, from tbe S. E. 1-4 of S. W. 1-4 of section 4, and tbe N. E. 1-4 of N. W. 1-4 of section 9, and two other described quarter-quarter…

1Opinion of the Court

Dixoít, 0. J.

The description of the lands as lying and being in the county of Oconto, when in truth they were situate in the county of Shawano, was not, under the circumstances, a fatal misdescription or error even in a tax deed. The lands had been in Oconto county. They were in that county when the taxes were assessed, and properly assessed, as is fully conceded in the case. At the time of assessment, and in the assessment roll and delinquent return, they were correctly described as in that county. But the county of Shawano was set off and organized after the return and before the sale by…

2Cases cited1 opinion

  1. Orton v. NoonanWisconsin Supreme Court · 1870

3Cited by16 opinions

  1. Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
  2. Pepper v. O'DowdWisconsin Supreme Court · 1876
  3. Pierz v. GorskiCourt of Appeals of Wisconsin · 1979
  4. Gates v. KelseySupreme Court of Arkansas · 1893
  5. Board of Regents of Kansas State Agricultural College v. LinscottSupreme Court of Kansas · 1883

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