Legal Opinion

Burrows v. Bashford

Wisconsin Supreme Court

Decided September 15, 1867PublishedCited by 2 opinions

APPEAL from the Circuit Court for Bane County. Action by the holder of a tax deed, against Bashford as claiming the legal title under the person who owned the land at the time of the tax sale, and Sheldon as holder of a mortgage thereon, and certain “ unknown ” parties, as having or claiming some interest in the premises.

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APPEAL from the Circuit Court for Bane County. Action by the holder of a tax deed, against Bashford as claiming the legal title under the person who owned the land at the time of the tax sale, and Sheldon as holder of a mortgage thereon, and certain “ unknown ” parties, as having or claiming some interest in the premises. The judgment prayed for is, that defendants, and all persons claiming under them after the commencement of this action, “may be forever barred from all right, title,” etc., etc.; “that the title to said lands may be established and quieted in plaintiff in fee simple; that…

1Opinion of the CourtPaiNe, J.

Prior to 1859, the law in force made tax deeds conclusive evidence of the regularity of the proceedings, and they were only liable to impeachment by showing that the land was not liable to taxation, or that the taxes had been paid. The plaintiff was the owner of a tax title, the deed for which was issued under that law.

By chap. 22, Laws of 1859, a new policy was adopted with respect to tax deeds to be thereafter issued. A new remedy was devised, by which the owners of such deeds could bring an action to quiet their titles. They could make the former owners, and all persons claiming under…

2Cases cited2 opinions

  1. Van Allen v. AssessorsSupreme Court of the United States · 1866
  2. Robinson v. HoweWisconsin Supreme Court · 1861

3Cited by2 opinions

  1. Nelson v. RountreeWisconsin Supreme Court · 1868
  2. Morse v. Home Insurance Co. of New York CityWisconsin Supreme Court · 1872

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