Lain v. Shepardson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. Action for the recovery of real estate. The plaintiff claimed under a tax deed executed April 16, 1855, to one Cone upon a tax sale made April 18, 1852, and a conveyance from Cone to himself.
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APPEAL from the Circuit Court for Hacine County. Action for the recovery of real estate. The plaintiff claimed under a tax deed executed April 16, 1855, to one Cone upon a tax sale made April 18, 1852, and a conveyance from Cone to himself. A copy of the tax deed was made a part of the complaint, and it was averred that said deed was recorded April 16, 1855. The deed was in the form prescribed by chapter 66, Laws of 1854, except that the words “ as the fact is ” in the recital relative to the sale of the land for taxes, and also in that relative to the non-redemption thereof, were omitted ;…
1Opinion of the Court
By the Court,
Cole, J.
It is perfectly obvious that the ruling in Lain v. Cook, 15 Wis., 446, is decisive of this appeal, unless the fact that the sale was made before the law of 1854 took effect, renders the decision in that case inapplicable. But we are unable to perceive how that circumstance can be maté-rial or distinguish the case in principle from the point there'decided. The deed annexed to the complaint does not conform to the law of 1854. And it is very clear that that law was intended to apply to and prescribe the form of a tax deed as well in cases where the sales had been made…
2Cases cited2 opinions
- Robinson v. HoweWisconsin Supreme Court · 1861
- Lain v. CookWisconsin Supreme Court · 1862
3Cited by17 opinions
- Gomer v. ChaffeeSupreme Court of Colorado · 1882
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Cutler v. HurlbutWisconsin Supreme Court · 1871
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
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