Legal Opinion

Lawrence v. Kenney

Wisconsin Supreme Court

Decided January 15, 1873PublishedCited by 20 opinions

APPEAL from the Circuit Court for Manitowoc County. Ejectment. The defendant appealed from a judgment in favor of the plaintiff. The case is stated in the opinion.

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APPEAL from the Circuit Court for Manitowoc County. Ejectment. The defendant appealed from a judgment in favor of the plaintiff. The case is stated in the opinion. The plaintiff was barred from bringing this action by sec. 32, ch. 22, Laws of 1859. We hold that this section applies to the tax deed given in evidence here, although it was issued on a tax roll made previous to 1859. Secs. 49 and 50 of the act of 1859 virtually repeal sec. 153, ch. 18, R. S., so far as the manner of executing a tax deed on a sale theretofore made is concerned; and sec. 32 of the act of 1859 declares that the…

1Opinion of the Court

At the January term, 1872, the decision of the circuit court was reversed. A rehearing was afterwards granted, and the following opinion was filed at the January term, 1873.

DIXON, C. J.

Ejectment, for a tract of land containing eighty acres, situated in the county of Manitowoc.

The action was commenced November 23, 1869, and the complaint alleged seizin in fee and right of possession in the plaintiff, and that defendant was in possession, and wrongfully *287and unlawfully withheld the same from the plaintiff. The answer admitted that the defendant was in possession of the land, but denied every…

2Cases cited5 opinions

  1. Knox v. ClevelandWisconsin Supreme Court · 1860
  2. Sprecker v. WakeleyWisconsin Supreme Court · 1860
  3. Kneeland v. City of MilwaukeeWisconsin Supreme Court · 1862
  4. Orton v. NoonanWisconsin Supreme Court · 1870
  5. Gunnison v. HoehneWisconsin Supreme Court · 1864

3Cited by20 opinions

  1. Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
  2. Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
  3. Oconto Co. v. JerrardWisconsin Supreme Court · 1879
  4. Kessinger v. WilsonSupreme Court of Arkansas · 1890
  5. Gates v. KelseySupreme Court of Arkansas · 1893

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