Legal Opinion

Potts v. Cooley

Wisconsin Supreme Court

Decided February 8, 1881PublishedCited by 11 opinions

APPEAL from the Circuit Court for Portage County. This is an action to eject the defendant from a village lot in Plover, on the ground that the plaintiff had title thereto by virtue of two tax deeds from Portage county to him, — one dated, executed and recorded September 1, 1879, and the other at some other time not stated.

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APPEAL from the Circuit Court for Portage County. This is an action to eject the defendant from a village lot in Plover, on the ground that the plaintiff had title thereto by virtue of two tax deeds from Portage county to him, — one dated, executed and recorded September 1, 1879, and the other at some other time not stated. The defendant answered, denying the allegations of the complaint, and claiming title and possession, and setting up an equitable counterclaim on the ground that the plaintiff purchased the tax certificates upon which the deeds were issued, under an agreement with the…

1Opinion of the CourtCassoday, J.

The only error complained of is, that the court, contrary to the evidence, found that the notice of the application for the tax deed of September 1, 1879, and the proof of the service of the same, were insufficient. Section 1175, R. S., provides that, “whenever any lot or tract of land, . . . sold for taxes, 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, . . . 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…

2Cases cited3 opinions

  1. Jackson ex dem. Cook v. ShepardNew York Supreme Court · 1827
  2. Mayhew v. DavisU.S. Circuit Court for the District of Illinois · 1847
  3. Randolph v. BarbourSupreme Court of the United States · 1821

3Cited by11 opinions

  1. Gates v. ParmlyWisconsin Supreme Court · 1896
  2. Oshkosh City Railway Co. v. Winnebago CountyWisconsin Supreme Court · 1895
  3. Towne v. SalentineWisconsin Supreme Court · 1896
  4. Hiles v. CateWisconsin Supreme Court · 1889
  5. Hiles v. AtleeWisconsin Supreme Court · 1891

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