Gilkey & Anson Co. v. Doolittle
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Oneida county: A. H. Reid, Circuit Judge. This was an action of ejectment involving tbe title to seven descriptions of land in Oneida county. Tbe defendant answered alleging ownership and right of possession under a tax deed recorded more than three years prior to tbe commencement of tbe action and setting up tbe bar of tbe three-year statute of limitations.
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Appeal from a judgment of tbe circuit court for Oneida county: A. H. Reid, Circuit Judge. This was an action of ejectment involving tbe title to seven descriptions of land in Oneida county. Tbe defendant answered alleging ownership and right of possession under a tax deed recorded more than three years prior to tbe commencement of tbe action and setting up tbe bar of tbe three-year statute of limitations. Tbe complaint was amended so as to set up a cause of action to quiet title in tbe grantee of tbe plfl.int.rFF. Tbe facts found material to a consideration of tbe questions raised on this…
1Opinion of the CourtBarnes, J.
The certificate holder might very properly have been made a party to the action brought to set aside the taxes on which the defendant’s tax deed is based. Siegel v. Outagamie Co. 26 Wis. 70, 72.
Under some circumstances the certificate holder is a necessary party, particularly where the attack is made on the validity of the certificate rather than on the tax on which it was based, or where a substantial part of the relief sought consists in securing a cancellation of the tax certificate. Watkins v. Milwaukee, 52 Wis. 98, 102, 8 N. W. 823; Crites v. Fond du Lac Co. 67 Wis. 236, 30 N. W. 214;…
2Cases cited8 opinions
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- Gould v. SullivanWisconsin Supreme Court · 1893
- Watkins v. City of MilwaukeeWisconsin Supreme Court · 1881
- Brown v. CohnWisconsin Supreme Court · 1897
- Siegel v. Supervisors of Outagamie CountyWisconsin Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Evans v. HallasArizona Supreme Court · 1946