Whitney v. Marshall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action commenced March 17, 1860, to recover possession of “lot 670 in the town plot of Navarino in the north ward of the city of Green Bay.” The defendant, by his answer, claimed title under tax sales made in 1852, 1853, 1855 and 1856 respectively, and deeds issued thereon (the land being unredeemed) in 1855, 1856, 1858 and 1859 respectively, and immediately recorded.
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APPEAL from the Circuit Court for Brown County. Action commenced March 17, 1860, to recover possession of “lot 670 in the town plot of Navarino in the north ward of the city of Green Bay.” The defendant, by his answer, claimed title under tax sales made in 1852, 1853, 1855 and 1856 respectively, and deeds issued thereon (the land being unredeemed) in 1855, 1856, 1858 and 1859 respectively, and immediately recorded. On the trial, the plaintiff offered proof of title in himself in October, 1850, derived from the original patentees. Some of the evidence offered to make out his title was ruled…
1Opinion of the Court
By the Court,
DixoN, C. J.
It appears that the lot in controversy was vacant at tbe time of tbe execution and recording of tbe first tax deed, and that it was not in fact occupied for any purpose until the defendant entered, in the summer of 1857, and built tbe bouse in wbicb be subsequently resided. No objection is taken to tbe form of the deed, and upon tbe authority of Knox v. Cleveland, 13 Wis., 245, and Dean v. Early, 15 Wis., 100, the statutory bar was complete at the expiration of three years from tbe time of tbe recording, and this action cannot be maintained. Tbe same remarks apply to…
2Cases cited4 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Howell v. HowellWisconsin Supreme Court · 1861
- Dean v. EarleyWisconsin Supreme Court · 1862
- Stewart v. McSweeneyWisconsin Supreme Court · 1861
3Cited by6 opinions
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
- Orton v. NoonanWisconsin Supreme Court · 1870
- Hiles v. La FleshWisconsin Supreme Court · 1884
- Bronson v. St. Croix Lumber Co.Supreme Court of Minnesota · 1890
- Ruggles v. Fond du Lac CountyWisconsin Supreme Court · 1885
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