Bouchier v. Hammer
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Price county: Tornr K. Pakish, Circuit Judge. Plaintiff, coneededly tbe original owner of certain lands in Price county, brought ejectment against tbe defendant, wbo set up title by three successive tax deeds based upon tax sales in tbe years 1902, 1903, and 1904. Tbe sole question was tbe validity of those tax deeds. Tbe evidence consisted entirely of tbe record of tbe various tax sale and deed proceedings.
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Appeal from a judgment of tbe circuit court for Price county: Tornr K. Pakish, Circuit Judge. Plaintiff, coneededly tbe original owner of certain lands in Price county, brought ejectment against tbe defendant, wbo set up title by three successive tax deeds based upon tax sales in tbe years 1902, 1903, and 1904. Tbe sole question was tbe validity of those tax deeds. Tbe evidence consisted entirely of tbe record of tbe various tax sale and deed proceedings. Court found all three deeds invalid by reason of certain defects alleged to exist in tbe proceedings, and rendered judgment for plaintiff,…
1Opinion of the CourtDodge, J.
As the defendant pleads title under each of three distinct tax deeds, any one of them, if valid and based upon legal and regular procedure, is sufficient to establish his title and, therefore, his defense. Sec. 1176, Stats. (1898). Eor this reason we shall consider only the infirmities in the-deeds based upon tax sales of 1903 and 1904 and in the conduct of those sales.
1. The first ground of invalidity, and that common to both sales, is the alleged insufficiency of the affidavits by the county treasurer to posting of notices of the tax sale in compliance-with sec. 1130, Stats. (1898), which…
2Cases cited11 opinions
- Allen v. AllenWisconsin Supreme Court · 1902
- Hart v. SmithWisconsin Supreme Court · 1878
- Lybrand v. HaneyWisconsin Supreme Court · 1872
- Hilgers v. QuinneyWisconsin Supreme Court · 1881
- Dreutzer v. SmithWisconsin Supreme Court · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Town of Wilson v. City of SheboyganWisconsin Supreme Court · 1939
- Armstrong v. New La Paz Gold Mining Co.Court of Appeals for the Ninth Circuit · 1939
- Hay v. HudsonWyoming Supreme Court · 1924
- Bouchier v. HammerWisconsin Supreme Court · 1910