Legal Opinion

Bray & Choate Land Co. v. Newman

Wisconsin Supreme Court

Decided February 18, 1896PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Lincoln county: Ohas. V. Bardeen, Circuit Judge. Action to set aside and cancel a tax deed, dated and recorded May 31, 1889, of S. W. J of S. E. J of section 14, and S. E. J of S. E. £ of section 12, in township 34 N., of range 7 E., in Lincoln county, the legal title to which had become vested in the Bray & Choate Land Company in 1885. On the 30th of October, 1891, said land company entered into an executory contract with R.…

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Appeal from a judgment of the circuit court for Lincoln county: Ohas. V. Bardeen, Circuit Judge. Action to set aside and cancel a tax deed, dated and recorded May 31, 1889, of S. W. J of S. E. J of section 14, and S. E. J of S. E. £ of section 12, in township 34 N., of range 7 E., in Lincoln county, the legal title to which had become vested in the Bray & Choate Land Company in 1885. On the 30th of October, 1891, said land company entered into an executory contract with R. P. & G-. W. Monson for the sale and conveyance of said tracts to them, and they were therefore joined in the action as…

1Opinion of the Court

The following opinion was filed December 17, 1895:

Pinxey, J.

The evidence in this case brings it within the principle of Gould v. Sullivan, 84 Wis. 659, in which it was held that, where the owner of lands in good faith attempted and offered to pay the taxes thereon, and was informed by the town treasurer, whose duty it was to state the amount of the taxes, that there were no taxes on the roll against such lands, he was entitled to rel/ upon such information, and his title was not divested by a subsequent sale of the lands for the nonpayment of the taxes which he had offered to pay. An…

2Cases cited5 opinions

  1. McGibbons v. WilderSupreme Court of Iowa · 1889
  2. Lewis v. MonsonSupreme Court of the United States · 1894
  3. Gould v. SullivanWisconsin Supreme Court · 1893
  4. People Ex Rel. Cooper v. Registrar of Arrears of BrooklynNew York Court of Appeals · 1889
  5. Wakefield v. RotherhamSupreme Court of Iowa · 1885

3Cited by8 opinions

  1. Kershner v. SganziniNew Mexico Supreme Court · 1941
  2. Nelson v. ChurchillWisconsin Supreme Court · 1903
  3. Robertson v. JohnsonSupreme Court of Arkansas · 1916
  4. Gould v. KillenWisconsin Supreme Court · 1913
  5. Ratajczak v. Carney, Aud.Ohio Court of Appeals · 1956

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