Heller v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee •county: D. H. JohNsoN, Circuit Judge. They contended, inter alia, that the rule “ caveat empior ” applies to the purchase •of a tax certificate at a tax sale. The selling power does not warrant the validity of the title conferred by the sale. The purchaser merely volunteers to pay the tax, expecting to profit by the high ráte of interest the law allows him to exact from the owner of the land upon redemption.
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Appeal from an order of the circuit court for Milwaukee •county: D. H. JohNsoN, Circuit Judge. They contended, inter alia, that the rule “ caveat empior ” applies to the purchase •of a tax certificate at a tax sale. The selling power does not warrant the validity of the title conferred by the sale. The purchaser merely volunteers to pay the tax, expecting to profit by the high ráte of interest the law allows him to exact from the owner of the land upon redemption. The things on which the validity of the tax and consequently the value of the certificate depend are matters of record, which the…
1Opinion of the CourtCassoday, C. J.
This is an appeal from an order overruling the demurrer to the complaint, alleging, in effect, that the defendant sold certain real estate described, February 2, 1892, in the city of Milwaukee, to the plaintiff, for the alleged nonpayment of city taxes, assessments, and charges on two certain lots described, and thereupon the defendant issued to him the usual certificate or contract reciting such sale to the plaintiff for the sum named; that the certificate bears interest at the rate of twenty-five per cent, per annum; that, if the land so sold should not be redeemed according to law, the…
2Cases cited4 opinions
- Liebermann v. City of MilwaukeeWisconsin Supreme Court · 1895
- Hoyt v. FassWisconsin Supreme Court · 1885
- Hall v. City of Chippewa FallsWisconsin Supreme Court · 1879
- Owens v. City of MilwaukeeWisconsin Supreme Court · 1879
3Cited by5 opinions
- State ex rel. Donnelly v. HobeWisconsin Supreme Court · 1900
- Roter v. City of SuperiorWisconsin Supreme Court · 1902
- State ex rel. City Construction Co. v. KoteckiWisconsin Supreme Court · 1914
- Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
- Williams v. Eau Claire CountyWisconsin Supreme Court · 1908