Hamar v. Leihy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland' county: JohN K. Paeish, Circuit Judge. This action was brought in 1903 to foreclose a tax certificate bearing date May 15, 1894, based upon a special assessment for paving, charged against lot 1, block 85, Ellis division, city of Ashland, less right of way.
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Appeal from a judgment of the circuit court for Ashland' county: JohN K. Paeish, Circuit Judge. This action was brought in 1903 to foreclose a tax certificate bearing date May 15, 1894, based upon a special assessment for paving, charged against lot 1, block 85, Ellis division, city of Ashland, less right of way. The complaint is in the usual form for foreclosure of tax certificate, and alleges that more than one year has expired since the date of the certificate, and that no action or proceeding to set aside the sale of such lands, or to cancel said certificate, or to restrain the issuing of…
1Opinion of the CourtKeewif, J.
1. Tbe main question involved is whether tbe certificate is protected by tbe statute of limitation, more than one year having elapsed between tbe date of tbe certificate and tbe commencement of tbe action. Sec. 1210h, Stats. 1898, provides:
“Every action or proceeding to set aside any sale of lands for tbe nonpayment of taxes, or to cancel any tax certificate, or to restrain tbe issuing of any tax certificate or tax deed for any error or defect going to tbe validity of tbe assessment and affecting tbe groundwork of such tax, or on account of any void or defective special assessment, shall be…
2Cases cited9 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- Smith v. SherryWisconsin Supreme Court · 1882
- Schintgen v. City of La CrosseWisconsin Supreme Court · 1903
- Oshkosh City Railway Co. v. Winnebago CountyWisconsin Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bekkedal v. City of ViroquaWisconsin Supreme Court · 1924
- Wisconsin Real Estate Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Armory Realty Co. v. OlsenWisconsin Supreme Court · 1933
- McKone v. City of FargoNorth Dakota Supreme Court · 1912
- Milwaukee Electric Railway & Light Co. v. Village of ShorewoodWisconsin Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.