Rankin v. Adams
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. The complaint in this action states that the plaintiff claims title to a certain tract of land therein described, by virtue of a conveyance made by the clerk of the board of supervisors of said county, under ch. 22, Laws of 1859, and the subsequent amendments thereto. The deed is set out at length, and is in the form prescribed by the statute.
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APPEAL from the Circuit Court for La Fayette County. The complaint in this action states that the plaintiff claims title to a certain tract of land therein described, by virtue of a conveyance made by the clerk of the board of supervisors of said county, under ch. 22, Laws of 1859, and the subsequent amendments thereto. The deed is set out at length, and is in the form prescribed by the statute. The complaint further alleges that each of the defendants has or claims an interest in said premises, and demands judgment that they, and all persons claiming under them subsequently to the…
1Opinion of the Court
By the Court,
Cole, J.
According to the decision of this court in Slocum v. Slocum, 17 Wis., 150, the affidavit to obtain *294tbe order of publication in this case was clearly defective by omitting to set forth a cause of action against any defendant, as it should do under the statute. Section 10, chap. 124, R. S. The action is against several defendants, and it is stated in the affidavit that none of them except Bracken can, after due diligence, be found in the state; that their residence is unknown to the affiant, and cannot, after reasonable diligence, be ascertained by him; and further, “ that…
2Cases cited1 opinion
- Slocum v. SlocumWisconsin Supreme Court · 1863
3Cited by2 opinions
- Cummings v. TaborWisconsin Supreme Court · 1884
- Claypoole v. HoustonSupreme Court of Kansas · 1873