Manseau v. Edwards
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewaunee County. Action to foreclose two tax certificates. The complaint alleges no facts anterior to the tax sales to which the certificates relate. The objections taken at the trial will sufficiently appear from the opinion. From a judgment in favor of the plaintiff, the defendants appealed.
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APPEAL from the Circuit Court for Kewaunee County. Action to foreclose two tax certificates. The complaint alleges no facts anterior to the tax sales to which the certificates relate. The objections taken at the trial will sufficiently appear from the opinion. From a judgment in favor of the plaintiff, the defendants appealed. He contended, 1. That, in the absence of any statute making the certificate of sale evidence of the prior tax proceedings, all these proceedings must be pleaded and proven. Blackw. on T. T., *73-74, *500, *506; Bridge v. Bracken, 3 Pin., 73; Eaton v. lyman, 33 Wis., 35.…
1Opinion of the CourtCole, C. J.
This is an action to foreclose tax certificates. The objection was taken on the trial, and is renewed here, that it was incumbent on the plaintiff, in order to be entitled to a judgment of foreclosure, to allege and prove that all the proceedings, from the listing of the land for taxation down to the sale for taxes, had been in conformity to law.
In Durbin v. Platto, 47 Wis., 484, which was a similar action, it was decided, on demurrer to the complaint, that it was no more necessary to set out in the complaint the proceedings antecedent to the certificate, than it was in an action to foreclose…
2Cases cited3 opinions
- Lain v. ShepardsonWisconsin Supreme Court · 1864
- Mead v. NelsonWisconsin Supreme Court · 1881
- Durbin v. PlattoWisconsin Supreme Court · 1879
3Cited by7 opinions
- Memphis Land & Timber Co. v. St. Francis Levee DistrictSupreme Court of Arkansas · 1897
- Pier v. ProutyWisconsin Supreme Court · 1886
- Haseltine v. SimpsonWisconsin Supreme Court · 1883
- Urquhart v. WescottWisconsin Supreme Court · 1886
- Ruggles v. Fond du Lac CountyWisconsin Supreme Court · 1885
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