Rutledge v. Price County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Price County. The facts are stated in the opinion. For the appellant it was argued, among other things, that no person can redeem lands from taxes unless he has an interest in the lands at the time he attempts to redeem them, or is legally bound to protect some interest therein. R. S. áfec.' 1165; Gousins v. Allen, 28 Wis. 235; Eaton v. Worth, 25 id. 515; Penn v. Olemans, 19 Iowa, 372; 2 Desty on Taxation, 878 et seq.
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APPEAL from the Circuit Court for Price County. The facts are stated in the opinion. For the appellant it was argued, among other things, that no person can redeem lands from taxes unless he has an interest in the lands at the time he attempts to redeem them, or is legally bound to protect some interest therein. R. S. áfec.' 1165; Gousins v. Allen, 28 Wis. 235; Eaton v. Worth, 25 id. 515; Penn v. Olemans, 19 Iowa, 372; 2 Desty on Taxation, 878 et seq. The payment in this case was voluntary, and the plaintiff cannot recover. Powell v. Sup’rs St. Croix Go. 46 Wis. 213; Parcher v. Murathon Go.…
1Opinion of the CourtOetoN, J.
This was a claim presented to the county board of Price county by the respondent for' allowance; *38and, it .having been disallowed, the respondent appealed to the circuit court, and that court, without a jury, found for the respondent the full amount of his claim and interest, and the county has appealed to this court from the judgment. The claim was as follows:
“ Price- County to E. Rutledge, Dr.
“ For amount paid under protest to redeem the following described lands from the tax sales hereinafter mentioned, which taxes were illegal and void for the reason that the title to said lands was in the…
2Cases cited13 opinions
- Railroad Co. v. CommissionersSupreme Court of the United States · 1879
- City of Detroit v. MartinMichigan Supreme Court · 1876
- Bucknall v. StoryCalifornia Supreme Court · 1873
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- Philleo v. HilesWisconsin Supreme Court · 1877
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