Lybrand v. Haney
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Richland County. Action by tbe claimant under ten tax deeds, to foreclose tbe right, title and interest of tbe former owner to tbe lands described, therein, pursuant to the provisions of Laws of 1859, chapter 22. The complaint seems to be in the usual form of complaints in actions of like character.
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APPEAL from tbe Circuit Court for Richland County. Action by tbe claimant under ten tax deeds, to foreclose tbe right, title and interest of tbe former owner to tbe lands described, therein, pursuant to the provisions of Laws of 1859, chapter 22. The complaint seems to be in the usual form of complaints in actions of like character. Attatched to it, and made a part thereof, are copies of such tax deeds, which purport to convey to the plaintiff, or, in a single instance, to the grantors of the plaintiff, the lands claimed in the action, being nine forty-acre lots. The complaint alleges that…
1Opinion of the CourtLyoN, J.
I. All of tbe lands affected by this action are included in tbe tax deeds designated as A, I, and K; and tbey were all executed and recorded more than three years before this action was commenced. So far as tbe action is founded upon those three deeds, it cannot be maintained. The act of 1859, chap. 22, sec. 35, only permits such an action to be brought within three years after the date of the conveyance.
II. It is quite probable that the purchase by the plaintiff of the certificates issued on the sales for the unpaid taxes of 1865, is a redemption of the land from such sales, the plaintiff…
2Cases cited1 opinion
- Smith v. LewisWisconsin Supreme Court · 1866
3Cited by20 opinions
- Burns v. LewisSupreme Court of Georgia · 1891
- Oswald v. WolfIllinois Supreme Court · 1889
- Powell v. LantzySupreme Court of Pennsylvania · 1896
- Hoyt v. LightbodySupreme Court of Minnesota · 1906
- Burchard v. RobertsWisconsin Supreme Court · 1887
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