Whittlesey v. Hoppenyan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Ejectment for two lots in the town of Ashland, in the county of Ashland, according to the recorded plat of such town.
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APPEAL from the Circuit Court for Ashland County. Ejectment for two lots in the town of Ashland, in the county of Ashland, according to the recorded plat of such town. These lots are portions of a larger tract of land, constituting the town of Ashland, which, on June 23, 1862, was patented bjT the United States to Schuyler Goffj as judge of La Pointe county, “in trust for the several use and benefit of the occupants of the town of Ashland according to their respective interests under said act of May 23, 1844, and to his successors in trust as aforesaid.” It is recited in the patent that the…
1Opinion of the CourtLyon, J.
I. The defendant rests his claim of title to the lots In question solely upon his tax deed of September 4, 1869; and in order to sustain such deed he pleaded the several limitations contained in secs. 1188, 1210d, 1210e, 4211, 4212, 4215, R. S., and the several acts amendatory thereof. Such tax deed is void on its face, for the reason that it shows a tax sale of the lots on September 4, 1866, and the deed was executed September 4, 1869. Sprecher v. Wakeley, 11 Wis. 432; Lindsay v. Fay, 25 Wis. 460. The deed could not have been lawfully executed until the expiration of three years after the…
2Cases cited5 opinions
- Board of Supervisors v. Mineral Point RailroadWisconsin Supreme Court · 1869
- Sprecker v. WakeleyWisconsin Supreme Court · 1860
- McMillan v. WehleWisconsin Supreme Court · 1882
- Lindsay v. FayWisconsin Supreme Court · 1870
- Woodford v. MarshallWisconsin Supreme Court · 1888
3Cited by16 opinions
- Finley v. Territory of Oklahoma Ex Rel. KeysSupreme Court of Oklahoma · 1903
- McCann v. WelchWisconsin Supreme Court · 1900
- Tucker v. WhittleseyWisconsin Supreme Court · 1889
- Woolfolk v. AlbrechtNorth Dakota Supreme Court · 1911
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909
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