Eaton v. North
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. The action below was ejectment by Baton, for a half lot in tbe town of Brothertown, in said county. The plaintiff claimed under (1.) A tax deed executed May 20, 1852, to one Eastman, upon a tax sale made in 1841; and a deed from Eastman to the plaintiff.
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APPEAL from the Circuit Court for Calumet County. The action below was ejectment by Baton, for a half lot in tbe town of Brothertown, in said county. The plaintiff claimed under (1.) A tax deed executed May 20, 1852, to one Eastman, upon a tax sale made in 1841; and a deed from Eastman to the plaintiff. (2) A tax deed to H. Modlin, dated December 18, 1851; and a deed from Modlin to plaintiff These two were ruled out because the tax deed was sealed only with the official seal of the board of supervisors. The defendant, among other things, put in evidence a patent of said land from the United…
1Opinion of the CourtDowner, J.
The circuit court ruled out a tax deed to H. Modlin, under which the appellant claims title to the land in dispute, because it had not the private seal of the clerk executing it, but only the official seal of the board of supervisors of the county; and this is assigned for error. The deed was executed under the authority given by section 109, ch. 15, R. S 1849. That section provides that the clerk of the board of supervisors of the county “ shall'- execute in the name of his county, as clerk of the board of supervisors thereof, under, his hand and seal, to the purchaser, his heirs or assigns,…
2Cited by4 opinions
- Eaton v. LymanWisconsin Supreme Court · 1873
- Tillotson v. WebberMichigan Supreme Court · 1893
- Everett v. BoyingtonSupreme Court of Minnesota · 1882
- Treat v. LawrenceWisconsin Supreme Court · 1877