Prentice v. Ashland County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The case is thus stated by Mr. Justice Cassoday : “ This is an action brought by the owner of the land for the cancellation, and having declared null and void, certain tax certificates, and to restrain the county clerk from advertising the lots described for tax deeds, and for a perpetual injunction from executing tax deeds to any person or persons on said tax certificates.
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APPEAL from the Circuit Court for Ashland County. The case is thus stated by Mr. Justice Cassoday : “ This is an action brought by the owner of the land for the cancellation, and having declared null and void, certain tax certificates, and to restrain the county clerk from advertising the lots described for tax deeds, and for a perpetual injunction from executing tax deeds to any person or persons on said tax certificates. The county and the clerk joined in demurring to the complaint, for the reason that it did not appear upon the face thereof that the action was commenced within the time…
1Opinion of the CourtCassodat, J.
Sec. 3, ch. 309, Laws of 1880, provides that “ every action or proceeding to set aside any sale of land for the nonpayment of taxes, or to cancel any tax certificate, or to restrain the issuing of any tax certificate or 'tax deed, for any error or defect, going to the validity of the assessment, and affecting the groundwork of such tax, shall be commenced within one year from the date of such tax sale, and not thereafter: provided, that in case of sales for the nonpayment of taxes made prior to the taking effect of this act, the action, if not already barred, must be commenced within one year…
2Cases cited2 opinions
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3Cited by11 opinions
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- Blewett v. Richardson Independent School Dist.Texas Commission of Appeals · 1922
- Chicago & Northwestern Railway Co. v. Forest CountyWisconsin Supreme Court · 1897
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