Legal Opinion

Woodman v. Clapp

Wisconsin Supreme Court

Decided January 15, 1867PublishedCited by 13 opinions

APPEAL from tbe Circuit Court for St. Croix County. Ejectment, commenced some time in 1865. Clapp claimed to be in possession under one wlio beld a contract for the purchase of the land from Tredway, bis co-defendant; and the latter set up title under tax deeds.

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APPEAL from tbe Circuit Court for St. Croix County. Ejectment, commenced some time in 1865. Clapp claimed to be in possession under one wlio beld a contract for the purchase of the land from Tredway, bis co-defendant; and the latter set up title under tax deeds. Plaintiff having shown bis originaltitle, the defendants offered in evidence: (1.) Two tax deeds, based upon a sale in September, 1858, covering together the whole land in dispute, executed in 1861, by the clerk of supervisors of said county, and running to the county. They were ruled out, because the county alone was named as a…

1Opinion of the CourtCole, J.

It must be admitted that the tax deeds of September 21, 1861, executed by the clerk of the board of supervisors to the county of St. Croix, were informal, because the *363state was not a grantor in those deeds. In the form prescribed by the legislature, in section 50, chap. 22, Laws of 1859, the state and county are grantors. Indeed, the section expressly says: “All deeds of land sold for the non-payment of taxes, hereafter executed, shall be executed by the proper officer, authorized by law to execute the same, in the name of of the state of Wisconsin and of the proper county, or city, or…

2Cases cited2 opinions

  1. Bank of Utica v. MersereauNew York Court of Chancery · 1848
  2. St. Louis Public Schools v. RisleySupreme Court of Missouri · 1859

3Cited by13 opinions

  1. McCready v. Sexton & SonSupreme Court of Iowa · 1870
  2. Wilson v. HenryWisconsin Supreme Court · 1876
  3. Darling v. PurcellNorth Dakota Supreme Court · 1904
  4. Hurley Water Co. v. Town of VaughnWisconsin Supreme Court · 1902
  5. Wine v. WoodsIndiana Supreme Court · 1902

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