Knox v. Huidekoper
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Ejectment. Plaintiff claimed under a tax deed, executed in September, 1865, upon a sale made in September, 1862. The court refused to receive the deed in evidence; and the plaintiff appealed from a judgment of nonsuit.
Read the full summary
APPEAL from the County Court of Milwaukee County. Ejectment. Plaintiff claimed under a tax deed, executed in September, 1865, upon a sale made in September, 1862. The court refused to receive the deed in evidence; and the plaintiff appealed from a judgment of nonsuit. The objections taken to the deed will appear from the opinion; that first mentioned being the one which the county court held valid. to the point that the deed was not signed by an officer known to the law, cited ch. 129, Laws of 1861, and ch. 899, Laws of 1862. As to the absence of a stamp until after the commencement of the…
1Opinion of the CourtCole, J.
The county court ruled out the tax deed offered in evidence, because it was not upon its face prima facie evidence of title. A number of objections were taken to the deed in the court below, which are insisted upon here at greater or less length. They will be considered in the order they were taken.
The first objection is, that the deed did not purport to be signed by any officer known to the laws at the date of its execution. In the testatum clause of the deed, the officer describes himself as “ the clerk of the county board of supervisors of the county of Milwaukee,” and signs and executes…
2Cited by5 opinions
- Fox v. TownsendCalifornia Supreme Court · 1907
- Fishburn v. LondershausenOregon Supreme Court · 1907
- Ritchie v. CarpenterWashington Supreme Court · 1891
- Bulger v. MooreWisconsin Supreme Court · 1886
- Cole v. SassenberrySouth Dakota Supreme Court · 1930