Wakeley v. Mohr
Wisconsin Supreme Court
APPEAL from the County Court of Dane County. This was an action under secs. 35 et seq., ch. 22, Laws of 1859, to quiet the plaintiff’s title under a tax deed, to land in said county. Mohr demurred to the complaint on the grounds that it did not state facts sufficient to constitute a cause of action, and that several causes of action were improperly joined therein. The court sustained the demurrer, and the plaintiff appealed.
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APPEAL from the County Court of Dane County. This was an action under secs. 35 et seq., ch. 22, Laws of 1859, to quiet the plaintiff’s title under a tax deed, to land in said county. Mohr demurred to the complaint on the grounds that it did not state facts sufficient to constitute a cause of action, and that several causes of action were improperly joined therein. The court sustained the demurrer, and the plaintiff appealed. A former decision of this court, overruling the order appealed from, will be found in the 15th volume of this series, pp. 609-611. The respondent moved for a rehearing on…
1Opinion of the Court
By the Court,
DixoN, C. J.
A rebearing was granted in this case upon tbe point decided in Lain v. Cook, 15 Wis., 446, and not presented in tbe first argument, namely, that tbe tax deed set out in tbe complaint is void for tbe omission of the words “ as tbe fact is,” required by chapter 66, Laws of 1854. Counsel struggled to distinguish this case from Lain v. Cook, and to show that tbe recitals of tbe deed are equivalent in substance to tbe words used in tbe statute. It is bard, however, to struggle against tbe positive requirements of a statute, and we think tbe learned counsel felt tbe…
2Cases cited1 opinion
- Lain v. CookWisconsin Supreme Court · 1862
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