Philleo v. Hiles
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Wood County. The plaintiff, claiming title under four tax deeds issued in 1876, brought this action against the original owners of the land for the purpose of barring their title, under sec. 35, ch. 22, Laws of 1859, as amended by subsequent statutes (Tay. Stats., 448, § 199). After the time for answering had expired, the defendant George Biles and two other defendants severally asked leave to file amended answers.
Read the full summary
APPEAL from tbe Circuit Court for Wood County. The plaintiff, claiming title under four tax deeds issued in 1876, brought this action against the original owners of the land for the purpose of barring their title, under sec. 35, ch. 22, Laws of 1859, as amended by subsequent statutes (Tay. Stats., 448, § 199). After the time for answering had expired, the defendant George Biles and two other defendants severally asked leave to file amended answers. Each of the proposed answers contains certain averments relating to tbe lands included in one of said deeds, and situate in tbe town of Seneca, in…
1Opinion of the Court
ByaN, O. J.
This action is brought under sec. 35, ch. 22 of 1859, to bar the title of the former owner as against the respondent’s tax deeds. The court below refused to allow the amended answers, upon the express ground that the defenses set up did not come within the enumerated defenses of sec. 38, which can be made without deposit of the amount of the tax sale, etc. This appeal is, therefore, embarrassed by no question of discretion.
Section 35 has often been before the court. Wakeley v. Nicholas, 16 Wis., 588; Wilson v. Jarvis, 19 id., 597; Smith v. Smith, id., 615; Grimmer v. Sumner, 21…
2Cases cited3 opinions
- Hersey v. Board of SupervisorsWisconsin Supreme Court · 1875
- Wakeley v. NicholasWisconsin Supreme Court · 1863
- Siegel v. Supervisors of Outagamie CountyWisconsin Supreme Court · 1870
3Cited by17 opinions
- Oconto Co. v. JerrardWisconsin Supreme Court · 1879
- Power v. LarabeeNorth Dakota Supreme Court · 1891
- Fifield v. Marinette CountyWisconsin Supreme Court · 1885
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- Hart v. SmithWisconsin Supreme Court · 1878
12 more not listed; retrieve them via the Exa API.