Kearns v. McCarville
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. Ejectment against Dennis McQarxille. Defendant claimed under a tax deed to Thomas McCarville, dated and recorded May 8, 1867, upon a sale made April 11, 1860. It was admitted that, for six months immediately prior to the date of said tax deed, plaintiff was in actual possession of the land, and that no notice was served upon Mm that application would be made for the deed.
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APPEAL from the Circuit Court for La Fayette County. Ejectment against Dennis McQarxille. Defendant claimed under a tax deed to Thomas McCarville, dated and recorded May 8, 1867, upon a sale made April 11, 1860. It was admitted that, for six months immediately prior to the date of said tax deed, plaintiff was in actual possession of the land, and that no notice was served upon Mm that application would be made for the deed. By direction of the court, the jury found for the plaintiff ; and from a judgment upon the verdict, defendant appealed. cited State ex rel. Knox x. Hundhausen, 23 Wis.…
1Opinion of the Court
Dixoít, C. J.
This case presents the same question as that decided in The State ex rel. Knox v. Hundhausen (23 Wis. 508), as to the applicability of chapter 113, Laws of 1867, to certificates of sale of lands for unpaid taxes, issued prior to the passage of that act, and as to wMch certificates the holders were, by the terms thereof, entitled to deeds of the lands before the expiration of *458three months from th.e time the act was passed and published. We held in that case, upon constitutional grounds, that the act was inapplicable to such certificates, because the effect would be to impair the…
2Cases cited1 opinion
- State ex rel. Knox v. HundhausenWisconsin Supreme Court · 1868
3Cited by1 opinion
- Dolan v. TrelevanWisconsin Supreme Court · 1872