Legal Opinion

Jarvis v. Silliman

Wisconsin Supreme Court

Decided January 15, 1867PublishedCited by 6 opinions

APPEAL from the Circuit Court for Dane County. Trespass qaare clausum. The answer, inter alia, denied that plaintiff owned the premises. The court found for the plaintiff, and rendered judgment accordingly; and defendant appealed. The facts bearing upon the points decided are sufficiently stated in the opinion.

1Opinion of the CourtDowner, J.

The right of the plaintiff to recover depends upon the validity of the tax deed to Bridget McMullen, under whom he claims title to the land on which the trespass is alleged to have been committed. The tax deed is prima facie evidence of an absolute title in fee simple in the grantee therein named, his heirs and assigns, in and to the land therein described. The defendant undertook to rebut the prima facie evidence of the deed by showing that due notice of the time and place of sale of the land for the non-payment of the tax was not given. The county treasurer was called as a witness, and…

2Cited by6 opinions

  1. Marsh v. Board of SupervisorsWisconsin Supreme Court · 1877
  2. Gates v. ParmlyWisconsin Supreme Court · 1896
  3. Ward v. WaltersWisconsin Supreme Court · 1885
  4. Hiles v. CateWisconsin Supreme Court · 1889
  5. Bouchier v. HammerWisconsin Supreme Court · 1909

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