Hebard v. Ashland County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The defendants appealed from a judgment in favor of the plaintiffs. The case will sufficiently appear from the opinion. argued, among other things, 1. It appears from the complaint and findings that the lands were sold by the treasurer of the county, and as the county could not in such case be the purchaser, or own the certificates (R. S., sec. 1138), the owner or owners of the certificates were not parties to the action-.…
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APPEAL from the Circuit Court for Ashland County. The defendants appealed from a judgment in favor of the plaintiffs. The case will sufficiently appear from the opinion. argued, among other things, 1. It appears from the complaint and findings that the lands were sold by the treasurer of the county, and as the county could not in such case be the purchaser, or own the certificates (R. S., sec. 1138), the owner or owners of the certificates were not parties to the action-. The court could therefore make no decree canceling such certificates. R. S., sec. 2610; Story’s Eq. PL, §§ 12, 77, 81;…
1Opinion of the CourtObtoh, J.
This action is brought to set aside the tax sales, cancel the tax certificates, and enjoin the issuing of the tax deeds of the lands of the plaintiffs for the taxes of 1878. The objection is raised for the first time in this court, so far as appears in the record, that there is a defect of parties defendant by the absence of the holder or holders of the tax certificates sought to be canceled. It is not even suggested in the answer who are the holders of said certificates; non constat, but that the county of Ashland may be such holder; but if there are any persons interested who are not made…
2Cases cited12 opinions
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- City of Springfield v. EdwardsIllinois Supreme Court · 1877
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- Peck v. School District No. 4Wisconsin Supreme Court · 1867
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3Cited by18 opinions
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