Gunnison v. Hoehne
Wisconsin Supreme Court
APPEAL from the County Court of Milwaulcee County. Ejectment, commenced July 9th, 1862. Answer, first a denial of all the allegations of the complaint except that the defendant was in possession of the premises at the commencement of the action. 2. That plaintiff claimed under a tax deed executed May 10, 1859, and recorded the next day, and defendant claimed the benefit of the statute limiting the time within which the grantee in a tax^deed might bring his action.
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APPEAL from the County Court of Milwaulcee County. Ejectment, commenced July 9th, 1862. Answer, first a denial of all the allegations of the complaint except that the defendant was in possession of the premises at the commencement of the action. 2. That plaintiff claimed under a tax deed executed May 10, 1859, and recorded the next day, and defendant claimed the benefit of the statute limiting the time within which the grantee in a tax^deed might bring his action. On the trial it was admitted that the land was conveyed by the United States before 1855, and plaintiff offered in evidence a tax…
1Opinion of the Court
Byihe Court,
DixoN, C. J.
If it be conceded that a stranger, or party in. possession claiming no title or interest in the land save that to be inferred from the fact of possession, may avail himself of the limitation prescribed by the tax laws, which I, for one, very much doubt, still the judgment in this case must be affrmed. The tax deed under which the plaintiff claims was recorded May 11, 1859. This action was commenced on the 9 th day of July, 1862. There is no evidence as to who was in possession, or whether the lot was occupied at all or not, between those dates. It only appears that the…
2Cited by14 opinions
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