Legal Opinion

Potts v. Cooley

Wisconsin Supreme Court

Decided October 31, 1882PublishedCited by 4 opinions

APPEAL from the Circuit Court for Portage County. Action for the foreclosure of tax certificates. The complaint alleges the legal sale of certain lands for unpaid taxes, the issue of the certificates on such sale, the assignment of such certificates to and their present ownership by the plaintiff, and the ownership of the lands by the defendant.

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APPEAL from the Circuit Court for Portage County. Action for the foreclosure of tax certificates. The complaint alleges the legal sale of certain lands for unpaid taxes, the issue of the certificates on such sale, the assignment of such certificates to and their present ownership by the plaintiff, and the ownership of the lands by the defendant. It also alleges that two tax deeds, dated respectively August 30 and September 2, 1879, based upon these sales and certificates, had been issued to the plaintiff, and that such deeds had been adjudged void on the ground that the notice to the occupant…

1Opinion of the Court

Cole, 0. J.

After his tax deeds were declared void by this court, because issued without proof of the service of the requisite notice upon the person in possession,— see Potts v. Cooley, 51 Wis., 353,— the plaintiff commenced this action, August 17, 1881, to foreclose the tax certificates under sec. 1181, R. S. The learned counsel for the defendant insists that such an action cannot be maintained aftertax deeds had been issued based on the certificates, especially where it appeared that the owner had been in possession of the premises for two years subsequent to the issuing of the tax deeds.…

2Cases cited6 opinions

  1. Mead v. NelsonWisconsin Supreme Court · 1881
  2. Potts v. CooleyWisconsin Supreme Court · 1881
  3. In re WillWisconsin Supreme Court · 1881
  4. Page v. Town of SumpterWisconsin Supreme Court · 1881
  5. Manseau v. EdwardsWisconsin Supreme Court · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Campbell v. SutliffWisconsin Supreme Court · 1927
  2. Lincoln Street Railway Co. v. City of LincolnNebraska Supreme Court · 1901
  3. Wisconsin Central Co. v. KnealeWisconsin Supreme Court · 1891
  4. Hunt v. StinsonWisconsin Supreme Court · 1899

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