McMahon v. McGraw
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Ejectment, commenced May 28, 1869, against John McGraw and John McGraw, Sen. The former, by his answer, 'claimed to own the land under a tax deed, which had been recorded more than three years before the commencement of the action. John McGraw, Sen. answered by a general denial.
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APPEAL from the Circuit Court for Jefferson County. Ejectment, commenced May 28, 1869, against John McGraw and John McGraw, Sen. The former, by his answer, 'claimed to own the land under a tax deed, which had been recorded more than three years before the commencement of the action. John McGraw, Sen. answered by a general denial. Margaret McMahon, the plaintiff, showed a chain of title from the United States to herself, the conveyance to her being dated in 1851. One of the deeds on which she relied (being a deed from one Patrick McKenna to one Thomas McKenna) was objected to on the ground…
1Opinion of the CourtPaine, J.
There was no error in admitting the deed from Patrick McKenna to Thomas McKenna in evidence, even though the certificate of acknowledgment was defective in not indicating the county in which the justice of the peace, before whom it was taken, belonged. This is not a case where the title depends upon a valid record of the deed. And it has been held by this court that under the same statute in force when this deed was executed, the title would pass as between the parties,, by a deed otherwise sufficient, even though not executed in such manner as to entitle it to be recorded. Myrick v.…
2Cases cited1 opinion
- Myrick v. McMillanWisconsin Supreme Court · 1860
3Cited by34 opinions
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- Donaldson v. JacobitzSupreme Court of Kansas · 1903
- Nickum v. GastonOregon Supreme Court · 1893
- O'Dell v. BurnhamWisconsin Supreme Court · 1884
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