Jarvis v. Peck
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action commenced in 1863 to quiet title to land of which the plaintiff claimed to be in possession, and to which he claimed title under a tax sale made in 1856, for delinquent taxes of the previous year, and deed executed therefor in January, 1863, and recorded the same month.
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APPEAL from the Circuit Court for Dane County. Action commenced in 1863 to quiet title to land of which the plaintiff claimed to be in possession, and to which he claimed title under a tax sale made in 1856, for delinquent taxes of the previous year, and deed executed therefor in January, 1863, and recorded the same month. The defendants, Jared and Anna Pech, answered that they were in the “ actual quiet and exclusive possession ” of the premises; and asserted: title thereto (the defendant Anna only by virtue of being the wife of said Jared) under a tax deed executed in December, 1862, upon a…
1Opinion of the Court
*75By the Court,
Dixon, O. J.
'We think that the answer sets up a counter-claim to the whole land in controversy, which, not having been replied to, is admitted by the plaintiff, and that no proofs could have been received. The plaintiff sues to quiet title under section 29, chapter 141, R. S., or chapter 22, Laws of 1859, and alleges possession and title in himself by virtue of a tax deed issued for the nonpayment of taxes assessed in the year 1855. The defendants (the defendant Anna claiming no interest except as the wife of the defendant Jared) answer averring possession and title in the…
2Cited by18 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Lawe v. HydeWisconsin Supreme Court · 1876
- State v. Central Trust Co.Court of Appeals for the Eighth Circuit · 1899
- Sayles v. DavisWisconsin Supreme Court · 1867
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