Legal Opinion

United States National Bank v. Lake Superior Terminal & Transfer Railway Co.

Wisconsin Supreme Court

Decided February 10, 1920PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Douglas county: Frank A. Ross, Circuit Judge. Foreclosure of a certificate of tax sale covering a parcel of land of 5.90 acres owned by the defendant in the city of Superior. The certificate in question was issued to Douglas county May 19, 1908, on sale of the land by the county treasurer of that county on account of an unpaid special assessment of $1,689 for the paving of a street in front of part of the parcel sold.

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Appeal from a judgment of the circuit court for Douglas county: Frank A. Ross, Circuit Judge. Foreclosure of a certificate of tax sale covering a parcel of land of 5.90 acres owned by the defendant in the city of Superior. The certificate in question was issued to Douglas county May 19, 1908, on sale of the land by the county treasurer of that county on account of an unpaid special assessment of $1,689 for the paving of a street in front of part of the parcel sold. The paving was done in 1907 and. a certificate issued to the contractors therefor September 25, 1907, which certificate was…

1Opinion of the Court

*541The following opinion was filed December 2, 1919:

Winslow, C. J.

It is conceded that all remedy by personal action on the contractors’ certificate is barred by the provision of sec. 1183, Stats., and that this fact is conclusively determined by the judgment in the former action. The respondent claims, however1, that this fact does not in any way affect the lien of the tax-sale certificate, and in support of this position relies upon the analogy of the cases which hold that although the six-year statute of limitations may have run upon a note, still an action may be thereafter maintained to…

2Cases cited4 opinions

  1. Merrill Railway & Lighting Co. v. City of MerrillWisconsin Supreme Court · 1903
  2. State ex rel. Donnelly v. HobeWisconsin Supreme Court · 1900
  3. Duecker v. GoeresWisconsin Supreme Court · 1899
  4. State ex rel. Marshall & Ilsley Bank v. LeuchWisconsin Supreme Court · 1914

3Cited by5 opinions

  1. City of Milwaukee v. GreenbergWisconsin Supreme Court · 1991
  2. State Highway Commission v. GrantWisconsin Supreme Court · 1959
  3. Gross v. SommersWisconsin Supreme Court · 1937
  4. City of Milwaukee v. GreenbergWisconsin Supreme Court · 1991
  5. Suburban Investment Co. v. Milwaukee CountyWisconsin Supreme Court · 1947

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