Horn v. Garry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoo County. The defendants were John JS. Garry and one Wickert, county'clerk; and the nature of tbe action and substance of the complaint are thus stated by Mr. Justice Tatloe: “This action was brought for the purpose of enjoining the issue of a tax deed or deeds to the appellant, John E. Garry, upon two tax certificates, one upon lot 4, and one upon lot 5, in block 183 in the city of Manitowoc, bearing date May, 1874. The allegations…
Read the full summary
APPEAL from the Circuit Court for Manitowoo County. The defendants were John JS. Garry and one Wickert, county'clerk; and the nature of tbe action and substance of the complaint are thus stated by Mr. Justice Tatloe: “This action was brought for the purpose of enjoining the issue of a tax deed or deeds to the appellant, John E. Garry, upon two tax certificates, one upon lot 4, and one upon lot 5, in block 183 in the city of Manitowoc, bearing date May, 1874. The allegations in the complaint are, that the plaintiff, on the 4th day of May, 1874, sold and conveyed said lots to one Miles McMahon;…
1Opinion of the CourtTaylor, J.
The learned counsel for the respective parties have discussed many questions which, in the view we have taken of the case, it will be entirely unnecessary to consider. The only questions we deem material are, first, whether the plaintiff has shown by his allegations in his complaint that he has such an interest in the lots in question as entitles him to proceed in equity to enjoin the appellant from applying for and obtaining a tax deed upon said certificates; and second, whether said certificates have any validity in his hands as against the rights of the plaintiff.
We are of the opinion that…
2Cases cited8 opinions
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Goodell v. BlumerWisconsin Supreme Court · 1877
- Hamilton v. City of Fond Du LacWisconsin Supreme Court · 1870
- Maxon v. AyersWisconsin Supreme Court · 1871
- Milwaukee Iron Co. v. Town of HubbardWisconsin Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Clark v. DarlingtonSouth Dakota Supreme Court · 1895
- Smith v. ToddWisconsin Supreme Court · 1882
- Territory ex rel. Gildersleeve v. PereaNew Mexico Supreme Court · 1892
- Prizer v. TaylorCourt of Appeals of Kansas · 1896
2 more not listed; retrieve them via the Exa API.