McIntosh v. Bowers
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano county: JohN GoodlaNd, Circuit Judge. Action by mortgagee to quiet title to a forty-acre tract of land in Yilas county. Defense, ownership in fee. The plaintiff’s mortgage was executed October 25, 1904, by Kate Pier and E. G. Comstock jointly to secure a promissory note given to the plaintiff by Kate Pier.
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Appeal from a judgment of the circuit court for Shawano county: JohN GoodlaNd, Circuit Judge. Action by mortgagee to quiet title to a forty-acre tract of land in Yilas county. Defense, ownership in fee. The plaintiff’s mortgage was executed October 25, 1904, by Kate Pier and E. G. Comstock jointly to secure a promissory note given to the plaintiff by Kate Pier. Kate Pier’s title consisted of three tax deeds issued to her by Oneida county May 16, 1891, May 23, 1892, and September 29, 1893, respectively. E. G. Comstock’s title consisted of a deed executed October 24, 1904, by Hattie P. Kathan,…
1Opinion of the Court
WiNsnow, O. J.
The trial court held that Nate Pier’s tax deeds were invalid because the evidence showed that the defendant, Bowers, had actual possession of the land during the three years after the issuance of each of her tax deeds *76•and bence ber title was barred by limitation. We are urged to reverse the court’s finding as to Bowers’s possession, but find ourselves unable to say that it is against the clear preponderance of the evidence. The trial court also held that ‘Comstock’s title was invalid because by the proceedings in the county court of Yiles county ’in the spring of 1904 the…
2Cases cited4 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
- Horton v. HowardMichigan Supreme Court · 1890
- First National Bank of Stevens Point v. ChafeeWisconsin Supreme Court · 1897
- Kathan v. ComstockWisconsin Supreme Court · 1909
3Cited by6 opinions
- State v. HolmesWisconsin Supreme Court · 1982
- In Re Woodside-Florence Irr. Dist.Montana Supreme Court · 1948
- Watson v. PayneSupreme Court of Vermont · 1920
- Rainey v. StateWisconsin Supreme Court · 1974
- Rainey v. StateWisconsin Supreme Court · 1974
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