Patterson v. Cappon
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. An action to recover damages for breach of the covenants of a deed. The facts of the case as alleged in the complaint are fully stated in the case on a former appeal to this court, reported in 125 Wis. 198, 102 N. W. 1083. The issues tried were (1) whether or not the plaintiff ivas evicted as alleged.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. An action to recover damages for breach of the covenants of a deed. The facts of the case as alleged in the complaint are fully stated in the case on a former appeal to this court, reported in 125 Wis. 198, 102 N. W. 1083. The issues tried were (1) whether or not the plaintiff ivas evicted as alleged. (2) Did plaintiff suffer damages if evicted and how much? (3) Was the purchase by Smith from Heller, the tax-title claimant, a purchase for and by the plaintiff ? The findings of the court and the evidentiary…
1Opinion of the CourtSiebeceeR, J.
Tbe finding of the court that plaintiff was evicted by the conveyance to Heller under the tax deed from the county for the delinquent tax of 1893 is assailed by appellant upon the ground that the title thus acquired by Heller was extinguished by the taking of a subsequent tax deed based upon the tax sale for the unpaid taxes of 1894. There is no dispute that Heller obtained two tax deeds upon the lot,' the first in October, 1897, based on the delinquent tax of 1893, and the second in May, 1898, based on the delinquent tax of 1894. The claim is that, since the second deed was based on a tax…
2Cases cited3 opinions
- Lybrand v. HaneyWisconsin Supreme Court · 1872
- L. J. Mueller Furnace Co. v. MeiklejohnWisconsin Supreme Court · 1904
- Post v. RobertsWisconsin Supreme Court · 1906
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