Corry v. Scudder
Wisconsin Supreme Court
Appeal from an order of the circuit court for Florence county: JohN GooklaND, Circuit Judge. The amended complaint sets forth facts of four alleged causes of action, each based upon a tax certificate covering the same piece of ground, described in the first paragraph of the complaint as “Lot one (1) of H. Bentley’s 3rd Addition to tbe village (now city) of Marinette,” except a part thereof, wbicb is alleged to be described by the metes and bounds stated in the complaint.
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Appeal from an order of the circuit court for Florence county: JohN GooklaND, Circuit Judge. The amended complaint sets forth facts of four alleged causes of action, each based upon a tax certificate covering the same piece of ground, described in the first paragraph of the complaint as “Lot one (1) of H. Bentley’s 3rd Addition to tbe village (now city) of Marinette,” except a part thereof, wbicb is alleged to be described by the metes and bounds stated in the complaint. The descriptions in the several certificates are as follows: “All of'Lot 1, H. Bentley’s 3rd Add. to City of Mar., ex. pt.…
1Opinion of the Court
SiebecKer, T.
The complaint sufficiently alleges that the plaintiff is the owner of the several alleged tax certificates and *106that they are on the same tract of land. These allegations, if the allegations are sufficient in other respects, authorize her to include in one action of foreclosure of them all the certificates she holds upon the same tract of land. Sec. 1181, Stats. (Supp. 1906: Laws of 1899, ch. 337). This is sufficient to negative the first ground of demurrer, namely, that several causes of action have been improperly united in one complaint.
The ground of demurrer urged in…
2Cases cited4 opinions
- Meade v. GilfoyleWisconsin Supreme Court · 1885
- Scheiber v. KaehlerWisconsin Supreme Court · 1880
- Murphy v. HallWisconsin Supreme Court · 1887
- N. Boyington Co. v. SouthwickWisconsin Supreme Court · 1904
3Cited by2 opinions
- Doherty v. RiceWisconsin Supreme Court · 1942
- Neiderhauser v. BusenbergWisconsin Supreme Court · 1948