Legal Opinion

Preston v. Thayer

Wisconsin Supreme Court

Decided January 30, 1906PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Ashland county: Joi-iN K. Paeish, Circuit Judge. Tbis is an action of ejectment commenced September 23, 1903, by tbe plaintiff, claiming title to the lands described by mesne conveyances from the government, against the defendants, who claim title under tax deeds. It is conceded that tire plaintiff’s title is good unless it has been divested by one or more of the tax deeds.

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Appeal from a judgment of the circuit court for Ashland county: Joi-iN K. Paeish, Circuit Judge. Tbis is an action of ejectment commenced September 23, 1903, by tbe plaintiff, claiming title to the lands described by mesne conveyances from the government, against the defendants, who claim title under tax deeds. It is conceded that tire plaintiff’s title is good unless it has been divested by one or more of the tax deeds. It is undisputed that the seven tax deeds under which the defendants claim title were each and all issued to the defendant Minnie A. Thayer, and were recorded on and between…

1Opinion of the CourtCassoday, C. J.

Tbe statute provides tbat a tax “deed duly witnessed and acknowledged shall be presumptive evidence of tbe regularity of all tbe proceedings, from tbe valuation of the land by tbe assessor up to and including the execution of tbe deed, and may be recorded with tbe like effect as other conveyances of land.” Sec. 1176, Stats. 1898; Mitchell I. & L. Co. v. Flambeau L. Co. 120 Wis. 545, 548, 98 N. W. *127530. Nevertheless counsel for the plaintiff contend that the court improperly admitted such tax deeds in evidence for the reason that the answer alleged, in reference to each of said tax deeds,…

2Cases cited2 opinions

  1. Claflin v. RobinhorstWisconsin Supreme Court · 1876
  2. Mitchell Iron & Land Co. v. Flambeau Land Co.Wisconsin Supreme Court · 1904

3Cited by2 opinions

  1. Lewis v. MerrillOregon Supreme Court · 1961
  2. Donaldson v. West Bend Mutual InsuranceCourt of Appeals of Wisconsin · 2009

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