Legal Opinion

Chippewa River Land Co. v. J. L. Gates Land Co.

Wisconsin Supreme Court

Decided June 18, 1903PublishedCited by 6 opinions

Appeal from a judgment of t'be circuit court for Cbippewa county: A. J. Vinje, Circuit Judge. This is an action in ejectment .to recover possession of about 4,000 acres of land in Gates and Chippewa counties. The complaint is in statutory form, and the answer claims title in the defendant under tax deeds.

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Appeal from a judgment of t'be circuit court for Cbippewa county: A. J. Vinje, Circuit Judge. This is an action in ejectment .to recover possession of about 4,000 acres of land in Gates and Chippewa counties. The complaint is in statutory form, and the answer claims title in the defendant under tax deeds. Upon the trial the plaintiff introduced in evidence a large number of tax deeds as the basis of its title, to each of which deeds the objection was made that the proof of the recording was insufficient; but the objection was overruled in each case, and exception taken. The defendant…

1Opinion of the Court

The following opinion was filed March 21, 1903:

Winslow, J.

The tax deeds under which the plaintiff claims title were issued prior to the defendant’s tax deeds, and, if they were properly indexed and recorded, it is admitted that the statute of limitations has run in their favor. The respondent claims, however, that there was no proof that they were indexed as required by sec. 759, R. S. 1878, and hence that they cannot be held to have ever been recorded. This is the first question to be considered. A tax deed must have been properly indexed, or it is not deemed to have been recorded; and,…

2Cases cited2 opinions

  1. Hewitt v. WeekWisconsin Supreme Court · 1884
  2. Hiles v. AtleeWisconsin Supreme Court · 1891

3Cited by6 opinions

  1. Cole v. Van OstrandWisconsin Supreme Court · 1907
  2. Bouchier v. HammerWisconsin Supreme Court · 1909
  3. Pinkerton v. J. L. Gates Land Co.Wisconsin Supreme Court · 1903
  4. Washburn Land Co. v. SwanbyWisconsin Supreme Court · 1907
  5. Anderson v. KendriganWisconsin Supreme Court · 1941

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