Legal Opinion

Vicker v. Byrne

Wisconsin Supreme Court

Decided January 13, 1914PublishedCited by 7 opinions

Appeal from a judgment of tbe circuit court for Oneida county: A. H. Eeid, Circuit Judge. Tbe appellant, grantee in a tax deed executed May 18, 1909, upon tax certificates issued in 1906 for delinquent taxes of 1905 and conveying the northwest quarter of the northwest quarter and the southeast quarter of the northwest quarter of section 25, township 40 north, of range 2 west, brought this action to bar the original owner, making the wife of the latter a codefendant.

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Appeal from a judgment of tbe circuit court for Oneida county: A. H. Eeid, Circuit Judge. Tbe appellant, grantee in a tax deed executed May 18, 1909, upon tax certificates issued in 1906 for delinquent taxes of 1905 and conveying the northwest quarter of the northwest quarter and the southeast quarter of the northwest quarter of section 25, township 40 north, of range 2 west, brought this action to bar the original owner, making the wife of the latter a codefendant. Application for the tax deed and an affidavit of nonoccupancy were made on May 18, 1909, as required by sec. 1TT5, Stats.…

1Opinion of the Court

The following opinion was filed October 7, 1913:

TimliN, J.

• 1. There is no necessary conflict between secs. 1175 and 1200, Stats. The former forbids the issue of a tax deed except after written notice has been served on tlie owner or occupant in any case where the land shall have been in the actual occupancy or possession of any person other than the owner and holder of the certificate of such tax sale or some person claiming under him, for the period of thirty days or more, at any time within the six months immediately preceding the time when the tax deed upon such sale shall be applied for.…

2Cases cited3 opinions

  1. Inhabitants of Rockport v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1901
  2. Hazelton v. PutnamWisconsin Supreme Court · 1850
  3. Wing v. HallSupreme Court of Vermont · 1874

3Cited by7 opinions

  1. Schwartz v. Evangelical Deaconess Society of WisconsinWisconsin Supreme Court · 1970
  2. Negus v. Madison Gas & Electric Co.Court of Appeals of Wisconsin · 1983
  3. Zimmers v. St. Sebastian's CongregationWisconsin Supreme Court · 1951
  4. Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. BystromWisconsin Supreme Court · 1917
  5. Stroup Lumber Co. v. LarmorSupreme Court of Kansas · 1922

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