Legal Opinion

Cook v. McComb

Wisconsin Supreme Court

Decided March 1, 1898PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Oconto-county: S. D. Hastings, Je., Circuit Judge. He contended, inter alia, that it was not the duty of the defendants to pay taxes assessed upon the lands before they acquired an interest in them. There was nothing in the way of their taking tax deeds upon certificates of sales for taxes assessed prior to 1887. The first deed being invalid, they were at liberty to take other deeds.

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Appeal from a judgment of the circuit court for Oconto-county: S. D. Hastings, Je., Circuit Judge. He contended, inter alia, that it was not the duty of the defendants to pay taxes assessed upon the lands before they acquired an interest in them. There was nothing in the way of their taking tax deeds upon certificates of sales for taxes assessed prior to 1887. The first deed being invalid, they were at liberty to take other deeds. Lybrand v. Haney, 31 Wis. 230; 1 Blackwell, Tax Titles, §§ 567, 607; Cooley, Taxation (1st ed.), 349, 350; Oswald v. Wolf, 129 Ill. 200; Eaton v. North, 29 Wis. 75;…

1Opinion of the CourtCassoday, C. J.

This is an action of ejectment to recover four forties of land, commenced by the owner of the original title, April 29, 1889, against the defendants, who answered, claiming title under and by virtue of a tax deed executed and recorded May 14, 1887, upon the tax sale of 1880 for the taxes of 1879. That action was first tried April 17,1890, and on that trial the court made and filed findings May. 2, *5281890, to the effect that the tax deed was valid. Subsequently the trial judge, having his attention called to the fact that he had overlooked certain documentary evidence, set aside such…

2Cases cited5 opinions

  1. Smith v. ColemanWisconsin Supreme Court · 1890
  2. Webster Glover Lumber & Manufacturing Co. v. St. Croix CountyWisconsin Supreme Court · 1888
  3. McKinnon v. WolfendenWisconsin Supreme Court · 1890
  4. Flanders v. Town of MerrimacWisconsin Supreme Court · 1878
  5. Taylor v. RoundtreeWisconsin Supreme Court · 1871

3Cited by10 opinions

  1. County of San Bernardino v. County of RiversideCalifornia Supreme Court · 1902
  2. Fiedler v. HowardWisconsin Supreme Court · 1898
  3. Williams v. RichardsIndiana Supreme Court · 1899
  4. Johnson v. Rudolph Wurlitzer Co.Wisconsin Supreme Court · 1928
  5. Drake v. ScheunemannWisconsin Supreme Court · 1899

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