Dunbar v. Lindsay
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Yilas •county: W. C. SilveRthoeN, Circuit Judge. This is an action of ejectment. The complaint was in the usual form. The answer denied plaintiff’s ownership of the land in question, and also any unlawful holding thereof by the defendant.
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Appeal from a judgment of the circuit court for Yilas •county: W. C. SilveRthoeN, Circuit Judge. This is an action of ejectment. The complaint was in the usual form. The answer denied plaintiff’s ownership of the land in question, and also any unlawful holding thereof by the defendant. The answer further set up ownership by the defendant by virtue of a tax deed executed and recorded May 23, 1898, and alleged that more than three years had elapsed since the recording of the deed before the commencement of this action. ’The answer also alleged payment of taxes by the •defendant for the years…
1Opinion of the CourtWiNslow, J.
The circuit judge rightly held the defendant’s tax deed void on its face. By one recital the tax deed declares that the lands were sold to the defendant, and by another recital that the certificates were assigned to the defendant. Thus it appears that it cannot be ascertained from the face of the deed to whom the lands were sold; in other words, it fails to state the name of the purchaser at the tax sale. *242This defect lias always been hefd to render tbe deed void. North v. Wendell, 22 Wis. 431; Eaton v. Lyman, 33 Wis. 34; Hunt v. Stinson, 101 Wis. 556, 77 N. W. 901.
The appellant claims that if…
2Cases cited4 opinions
- Cutler v. HurlbutWisconsin Supreme Court · 1871
- Eaton v. LymanWisconsin Supreme Court · 1873
- Hunt v. StinsonWisconsin Supreme Court · 1899
- North v. WendellWisconsin Supreme Court · 1868
3Cited by2 opinions
- Washburn Land Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1905
- Gould v. KillenWisconsin Supreme Court · 1913