McDonald v. Daniels
Wisconsin Supreme Court
APPEAL from the Circuit Court of La Crosse County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of ejectment, brought by the original owner against the tax-title claimant.
Read the full summary
APPEAL from the Circuit Court of La Crosse County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of ejectment, brought by the original owner against the tax-title claimant. Besides alleging the absolute ownership in fee simple, October 20, 1882, and since, the plaintiff avers, in effect, that the defendant claimed title and right to possession under a tax deed duly made, executed, and delivered to him. in due form of law, duly attested by two subscribing witnesses, and duly acknowledged, so as to entitle the same to be recorded, and that the same was recorded November…
1Opinion of the CourtCassoday, J.
There is no allegation that any portion of the land was ever occupied. On the contrary, it must be inferred that it was unoccupied at the time of issuing the tax deed, and ever since. The deed, being in the requisite-form and recorded, drew to the grantee the constructive possession of the land from the time of recording,— November 25, 1878. The action could not have been commenced until after April 1, 1883, for it is based upon facts alleged to have been subsequently discovered. Thus, it appears that the defendant was in the constructive possession, of the land from November 25,187.8, to…
2Cases cited7 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Smith v. SherryWisconsin Supreme Court · 1882
- Encking v. SimmonsWisconsin Supreme Court · 1871
- Mather v. HutchinsonWisconsin Supreme Court · 1869
- Barber v. KilbournWisconsin Supreme Court · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dupen v. WetherbyWisconsin Supreme Court · 1891