Lain v. Cook
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waulcesha County. This was an action to recover real estate, on the trial of which the plaintiff offered to read in support of his title a tax deed executed on the 22d of May, 1858, by the clerk of the board of supervisors of Waukesha county, which was as follows: “ To all to whom these presents shall come, greeting. — Whereas, Gordon C. Cone has deposited in the office of the clerk of the board of supervisors of the county of Wau-kesha,…
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APPEAL from the Circuit Court for Waulcesha County. This was an action to recover real estate, on the trial of which the plaintiff offered to read in support of his title a tax deed executed on the 22d of May, 1858, by the clerk of the board of supervisors of Waukesha county, which was as follows: “ To all to whom these presents shall come, greeting. — Whereas, Gordon C. Cone has deposited in the office of the clerk of the board of supervisors of the county of Wau-kesha, eight certificates of the treasurer of said county, whereby it appears that the following pieces or parcels of land,…
1Opinion of the Court
By the Court,
Cole, J.
As we have arrived at the conclusion that the tax deed offered in evidence in this cause was radically defective, it will not be necessary to notice the other points made upon the briefs, and discussed by counsel on the argument.
The deed was made under Chap. 66, Laws of 1854, and undoubtedly was intended to be in strict compliance with the form therein prescribed. But it is not. In the form prescribed by this law, the words “ as the fact is ” are inserted in two different places; one of which relates to the sale of the land which is about to be conveyed, and the other *448the…
2Cited by13 opinions
- Cutler v. HurlbutWisconsin Supreme Court · 1871
- Hopkins v. ScottSupreme Court of Missouri · 1885
- Lain v. ShepardsonWisconsin Supreme Court · 1864
- State v. ProutySupreme Court of Iowa · 1900
- State ex rel. White v. WinnWisconsin Supreme Court · 1865
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