Nelson v. Rountree
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. Ejectment. The defendant claimed under a tax deed executed in 1861, upon a sale made in 185Y, and under two other tax deeds; and upon the trial he offered in evidence said deeds, and also the judgment record in an action of foreclosure instituted in 1861, upon the deed of that year, against the former unknown owners of the premises (ch. 22, Laws of 1859). The evidence was received against plaintiff’s objections.
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APPEAL from the Circuit Court for La Fayette County. Ejectment. The defendant claimed under a tax deed executed in 1861, upon a sale made in 185Y, and under two other tax deeds; and upon the trial he offered in evidence said deeds, and also the judgment record in an action of foreclosure instituted in 1861, upon the deed of that year, against the former unknown owners of the premises (ch. 22, Laws of 1859). The evidence was received against plaintiff’s objections. The plaintiff then introduced evidence to show irregularities in the tax proceedings upon which said several deeds were based. The…
1Opinion of the CourtDixoN, C. J.
The affidavit for the order of publication, in the proceedings taken by the present defendant against the *370unknown owners of the land in controversy, was fatally defective within former decisions on that subject, and the court acquired no jurisdiction. The action was against all persons, as unknown owners, having any interest in the land, and the affidavit stated no cause of action against any one. Slocum v. Slocum, 17 Wis. 150; Rankin v. Adams, 18 id. 292. There being, therefore, no judgment in the action, the question arises as to the- effect of the last clause of section 1, chapter 409,…
2Cases cited3 opinions
- Smith v. ClevelandWisconsin Supreme Court · 1863
- Slocum v. SlocumWisconsin Supreme Court · 1863
- Burrows v. BashfordWisconsin Supreme Court · 1867
3Cited by17 opinions
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Pryor v. DowneyCalifornia Supreme Court · 1875
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- Cummings v. TaborWisconsin Supreme Court · 1884
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