Herbst v. Land & Loan Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Oneida county: W. 0. Silverthorit, Circuit Judge. The appeal is from an order sustaining a demurrer to the reply of appellants to a counterclaim pleaded by respondent. The ground of demurrer was that the reply did not state facte sufficient to constitute a defense to the counterclaim.
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Appeal from an order of the circuit court for Oneida county: W. 0. Silverthorit, Circuit Judge. The appeal is from an order sustaining a demurrer to the reply of appellants to a counterclaim pleaded by respondent. The ground of demurrer was that the reply did not state facte sufficient to constitute a defense to the counterclaim. The complaint was in a statutory suit to quiet title, averring that the plaintiffs were owners in fee, that the lands were vacant and unoccupied, and that defendant made some claim to the lands, the complaint not disclosing the nature of defendant’s claim. The…
1Opinion of the CourtTimms', J.
The amended reply admits that the lands in question were taxable in 1895; that tbe taxes for tbat year were unpaid and returned delinquent to tbe county treasurer, wbo duly advertised and sold tbe land for tbe nonpayment of sucb taxes; tbat tbe county clerk executed a deed of tbe land purporting to be based on tbe certificate of tax sale for said delinquent taxes; tbat tbe tax certificate bad never been set aside or annulled and no action commenced for tbat purpose; tbat tbe tax bad never been paid or redeemed, and tbat more than three years bad elapsed since tbe recording of tbe said deed;…
2Cases cited12 opinions
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Mather v. HutchinsonWisconsin Supreme Court · 1869
- Milledge v. ColemanWisconsin Supreme Court · 1879
- Landauer v. VietorWisconsin Supreme Court · 1887
- New Bank of Eau Claire v. KleinerWisconsin Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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