Legal Opinion

Pinkerton v. J. L. Gates Land Co.

Wisconsin Supreme Court

Decided July 3, 1903PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Price county: JohN K. Paeish, Circuit Judge. This is an action of ejectment, commenced November 9, 1901, to recover 760 acres of land described. The complaint is in the statutory form. The defendant answered by way of admissions, denials, counter allegations, and a counterclaim.

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Appeal from a judgment of the circuit court for Price county: JohN K. Paeish, Circuit Judge. This is an action of ejectment, commenced November 9, 1901, to recover 760 acres of land described. The complaint is in the statutory form. The defendant answered by way of admissions, denials, counter allegations, and a counterclaim. At the close of the trial the court found, in effect: (1) That the plaintiff claims title tbrougb mesne conveyances under patents from the United States, and bas all the former title to all of the lands, and all the interest and title therein, unless be bas been devested…

1Opinion of the CourtCassoday, C. J.

The court found, and it is conceded by the defendant, that the plaintiff is the owner of all the lands in question, and is entitled to the possession thereof, unless he has been divested by one or more of the five tax deeds under which the defendant claims title. Of course, a tax deed in regular form is “presumptive evidence of the regularity of all the proceedings, from the valuation of the land by the assessor up to and including the execution of the deed.” Sec. 1176, Stats. 1898. Nevertheless, until the statute of limitation has run in favor of such deed, such presumption may be overcome…

2Cases cited8 opinions

  1. Ward v. WaltersWisconsin Supreme Court · 1885
  2. Cook v. McCombWisconsin Supreme Court · 1898
  3. Kimball v. BallardWisconsin Supreme Court · 1865
  4. Bell v. PetersonWisconsin Supreme Court · 1900
  5. Chippewa River Land Co. v. J. L. Gates Land Co.Wisconsin Supreme Court · 1903

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Cole v. Van OstrandWisconsin Supreme Court · 1907
  2. Pinkerton v. J. L. Gates Land Co.Wisconsin Supreme Court · 1904
  3. Anderson v. KendriganWisconsin Supreme Court · 1941
  4. Eletcher v. La Crosse CountyWisconsin Supreme Court · 1917

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