Legal Opinion

Ross v. Board of Supervisors of Outagamie Co.

Wisconsin Supreme Court

Decided January 15, 1860PublishedCited by 13 opinions

APPEAL from tlie Circuit Court of Outagamie County. This was an action to set aside a tax certificate issued upon a sale of a quarter section of land in tlie county of Out-agamie, for the non-payment of taxes assessed foj.’ the year 1856, and to restrain Johnston, the clerk of the board.of supervisors, from executing a deed for said land to the defendant, Morrow, who was alleged to be the holder of the certificate.

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APPEAL from tlie Circuit Court of Outagamie County. This was an action to set aside a tax certificate issued upon a sale of a quarter section of land in tlie county of Out-agamie, for the non-payment of taxes assessed foj.’ the year 1856, and to restrain Johnston, the clerk of the board.of supervisors, from executing a deed for said land to the defendant, Morrow, who was alleged to be the holder of the certificate. The principal question in the case was, whether the land referred to in the complaint was subject to assess--i . ment for town, county and state taxes, m the year 1855. The facts…

1Opinion of the Court

By the Court,

Cole, J.

Tbe leading question which we have to consider in this case is, had the respondent, at the time the land mentioned in the pleadings was taxed, an interest or estate therein, which was liable to taxation by the laws of this state ? This is understood to be a question of considerable public interest, on account of its bearing upon the legality of a large amount of taxes which have been levied upon lands similarly situated, in counties lying along the line of the Fox and Wisconsin improvement.

The tract is a part of one of the even sections, within the limits of the grant…

2Cases cited3 opinions

  1. Carroll v. SaffordSupreme Court of the United States · 1845
  2. Veeder v. GuppyWisconsin Supreme Court · 1854
  3. Astrom v. HammondU.S. Circuit Court for the District of Michigan · 1842

3Cited by13 opinions

  1. People v. ShearerCalifornia Supreme Court · 1866
  2. Wisconsin Central Railroad v. Taylor CountyWisconsin Supreme Court · 1881
  3. Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
  4. Hutton v. FrisbieCalifornia Supreme Court · 1869
  5. St. Augustine School v. Carolyn Stanford TaylorWisconsin Supreme Court · 2021

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