Kimball v. Ballard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie 'County. Action commenced September 14th, 1864, to have a tax deed declared void, and defendant adjudged to release his claim to the land covered thereby.
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APPEAL from the Circuit Court for Outagamie 'County. Action commenced September 14th, 1864, to have a tax deed declared void, and defendant adjudged to release his claim to the land covered thereby. The sale was made in 1860, as for the taxes of 1859, and the deed executed September 12th, 1864. The complaint' alleges that the amount for which the land was sold was $73.75, while the total amount of taxes of said year, with five per cent, fees for collecting the same, and all costs and charges due at the time of the sale, was only $70.28. It further alleges that the county treasurer, at the…
1Opinion of the Court
By the Court,
DowNER, J.
The complaint alleges that the county treasurer, at the time he made the sale of the land described in the complaint,' “ added to the taxes assessed against said land the interest due thereon and all of the costs for the advertising and sale of the same, and then added thereto five per cent, upon the total amount thereof, wilfully and without any right and authority of law.” The adding of the five per cent, is conceded to have been illegal, and he sold the land for the entire amount, including the five per cent., being an excess over lawful taxes of $3.47. Such sale was…
2Cases cited3 opinions
- Lacey v. Davis & McFarrenMichigan Supreme Court · 1856
- Hersey v. Board of SupervisorsWisconsin Supreme Court · 1862
- Mills v. JohnsonWisconsin Supreme Court · 1863
3Cited by9 opinions
- Kaehler v. DobberpuhlWisconsin Supreme Court · 1883
- Milledge v. ColemanWisconsin Supreme Court · 1879
- Quinn v. QuinnWisconsin Supreme Court · 1870
- Barden v. Supervisors of Columbia CountyWisconsin Supreme Court · 1873
- McQuesten v. SwopeSupreme Court of Kansas · 1873
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