Frentz v. Klotsch
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Ejectment, commenced in 1870, for tbe undivided balf of a lot in tbe city of Osbkosb. Plaintiff showed title in fee to tbe lot in A. E. David and Henry A. Callup, as tenants in common, and a conveyance to bimself from David of an undivided balf thereof.
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APPEAL from tbe Circuit Court for Winnebago County. Ejectment, commenced in 1870, for tbe undivided balf of a lot in tbe city of Osbkosb. Plaintiff showed title in fee to tbe lot in A. E. David and Henry A. Callup, as tenants in common, and a conveyance to bimself from David of an undivided balf thereof. Defendant put in evidence, (1.) A tax deed dated May 15, 1866, from tbe state and county to S. B. and J. A. Paige, assignees of tbe ■ treasurer of said county, upon tbe sale of 1863, for taxes due upon tbe whole lot for 1862. (2.) A warranty deed from tbe Paiges to defendant. As rebutting…
1Opinion of the CourtCole, J.
In this case the court directed the jury to find for the plaintiff, doubtless upon the the theory that the tax deed was void as against the plaintiff. In support of this ruling of the court below, it is insisted that the tax deed was void upon its face on account of the. omission to state the place where the sale took place. The deed récites, among other things, that the lot was sold by the treasurer of the county “ at public auction, at Oshkosh, in the county of Winnebago, on,” etc. It is claimed that the law requires the deed further to recite that the sale was “ at some public place,” as,…
2Cases cited2 opinions
- Roberts v. ThornTexas Supreme Court · 1860
- Wright v. SperryWisconsin Supreme Court · 1867
3Cited by20 opinions
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- Allen v. AllenWisconsin Supreme Court · 1902
- Stevens v. ReynoldsIndiana Supreme Court · 1895
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
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