Barber v. Kilbourn
Wisconsin Supreme Court
ERROR to the Circuit Court of Milwaukee County. The case is sufficiently stated in the opinion of the court. 1. The relation which Barber sustained to the company,, as president and^as a stockholder therein, prevented him. from acquiring any title to the company’s lands, through the tax deed, which would not -inure to the benefit of the company. Willard’s Eq., 189,-et. seq.; Bingo vs. Bmns, 10 Peters., 260; Van Bps vs. Van Bps, 9 Paige, 241; Van -Horne -vs. Fonda, 5 Johns.
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ERROR to the Circuit Court of Milwaukee County. The case is sufficiently stated in the opinion of the court. 1. The relation which Barber sustained to the company,, as president and^as a stockholder therein, prevented him. from acquiring any title to the company’s lands, through the tax deed, which would not -inure to the benefit of the company. Willard’s Eq., 189,-et. seq.; Bingo vs. Bmns, 10 Peters., 260; Van Bps vs. Van Bps, 9 Paige, 241; Van -Horne -vs. Fonda, 5 Johns. Oh., 406 ; 4 Cowen, 714. 2. He was not bound to disclose the existence of the tax deed. The lien of the taxes on the…
1Opinion of the Court
By the Court,
Cole, J.
We shall not attempt to go over all the ground covered by the counsel in the argument of this case. A great many exceptions were taken to the rulings of the court, as to the admission or exclusion of testimony. There were likewise a great number taken to the ruling of the court in giving or refusing instructions asked on the one side or the other. The case will now be disposed of in considering chiefly the following portion of the general charge, which we deem erroneous.
Among other things, the circuit judge instructed the jury, that “ if they should And the fraud alleged…
2Cited by15 opinions
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Jones v. CarnahanIndiana Supreme Court · 1878
- Van Trott v. WieseWisconsin Supreme Court · 1874
- Mills v. TaylorMissouri Court of Appeals · 1900
- Smith v. BauerSupreme Court of Colorado · 1886
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