Cate v. Werder
Wisconsin Supreme Court
Appeat, from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. Action to foreclose a tax certificate on the sale of 1892, containing as description: Description. Sec. Town. Range. Lot, Blk, Dol. Cts. City of Áshland, Ellis division, w. 25 ft. by 68 9, 10, ft. deep of ' i 11, 12. 110. 193.28 In said county.
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Appeat, from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. Action to foreclose a tax certificate on the sale of 1892, containing as description: Description. Sec. Town. Range. Lot, Blk, Dol. Cts. City of Áshland, Ellis division, w. 25 ft. by 68 9, 10, ft. deep of ' i 11, 12. 110. 193.28 In said county. The principal defense was denial of sufficient description to distinguish any real estate, and especially to apply to that belonging to the defendants, which was described in their deed as: “The west 25 by 68 feet of block 110. This means the north 18 feet…
1Opinion of the CourtDodge, J.
The conclusion of the trial court is obviously correct. Sec. 1047, Stats. 1898, requires that the descriptions in tax certificates and other proceedings have the same construction as in con /eyances between parties, and may be aided in their application to specific property hy the same quality and character of extrinsic evidence. Mendota Club v. Anderson, 101 Wis. 479, 78 N. W. 185. No one can doubt that had a deed from the Schupps to the defendant contained the same description as the certificate, and it had been shown that the Schupps owned the strip of land which they in fact did own, and…
2Cases cited1 opinion
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
3Cited by2 opinions
- Van Ostrand v. ColeWisconsin Supreme Court · 1907
- N. Boyington Co. v. SouthwickWisconsin Supreme Court · 1904