Atkinson v. Hewitt
Wisconsin Supreme Court
APPEAL from the Circuit Court for darle County. This action was brought against James Hewitt, Randolph MeNutt, Robert Christie and Edward Carpenter; and the relief demanded was, that a tax deed issued to MeNutt be set aside, and that defendants, their agents, etc., be restrained from cutting or removing any timber or trees from the lands described in the said deed until a certain note secured by mortgage of said lands, running to and held by the plaintiff, should be fully…
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APPEAL from the Circuit Court for darle County. This action was brought against James Hewitt, Randolph MeNutt, Robert Christie and Edward Carpenter; and the relief demanded was, that a tax deed issued to MeNutt be set aside, and that defendants, their agents, etc., be restrained from cutting or removing any timber or trees from the lands described in the said deed until a certain note secured by mortgage of said lands, running to and held by the plaintiff, should be fully paid. The answer of all the defendants disclaimed title under the tax deed to MeNutt, and alleged, in substance, both as…
1Opinion of the CourtOetoN, J.
In order to understand the real questions involved in this case, a brief statement of the facts is necessary. On July 22, 1871, one Hiram McNutt, then being the owner of the. whole quarter section of land mentioned, deeded one undivided fourth part thereof to one James E. Lindsay and the defendant James Hewitt, and said James Hewitt thereby became the owner of one undivided eighth part of said quarter section. On June 30, 1876, the said James Hewitt took a tax deed of an undivided three-fourths of said quarter, belonging to said Hiram McNutt, on a certificate of the sale thereof for taxes of…
2Cases cited3 opinions
- Fairbank v. CudworthWisconsin Supreme Court · 1873
- Cline v. LibbyWisconsin Supreme Court · 1879
- Kimball v. DarlingWisconsin Supreme Court · 1873
3Cited by2 opinions
- Guichard v. BrandeWisconsin Supreme Court · 1883
- Russell v. Merchants' Bank of Lake CitySupreme Court of Minnesota · 1891