Head v. James
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bode County. Tbe case is stated in tbe opinion of tbe court. A deed containing sucb a description of land as is set forth in tbe complaint, would not create a cloud upon tbe plaintiff’s title, but would be void on its face, for uncertainty. 2 Ohio, 287; 6 and 7 id., 161; 15 id., 134; 5 Blackf., 51; 13 Serg. & Eawle, 151; 1 Adams, (N. H.), 93; 12 HI, 409; 13 How.
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APPEAL from tbe Circuit Court for Bode County. Tbe case is stated in tbe opinion of tbe court. A deed containing sucb a description of land as is set forth in tbe complaint, would not create a cloud upon tbe plaintiff’s title, but would be void on its face, for uncertainty. 2 Ohio, 287; 6 and 7 id., 161; 15 id., 134; 5 Blackf., 51; 13 Serg. & Eawle, 151; 1 Adams, (N. H.), 93; 12 HI, 409; 13 How. (H. S.), 18; 4 Pet, 349; 3 Iowa, 84. No action will lie by a party apprehending injury from a deed void on its face. Cox vs. Clift, 2 Corns., 118; Scott vs. Onderdonlc, 14 N. Y., 9-14; Ward vs. Dewey,…
1Opinion of the Court
By the Court,
Cole, J.
This action is brought to restrain the clerk of the board of supervisors of Rock county from executing a tax deed. It is alleged in the complaint that the sale of the lands for taxes was unauthorized and void on two grounds: “ 1st. Because a number of pieces of land, owned by different persons, were assessed together as one piece; and 2d. Because the description of the land assessed was so uncertain and indefinite as to be void for uncertainty.” The respondent therefore asked that the execution and delivery of the tax deed should be restrained, since its existence would…
2Cases cited4 opinions
- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Dean v. City of MadisonWisconsin Supreme Court · 1859
- Spellman v. CurteniusIllinois Supreme Court · 1851
3Cited by13 opinions
- Marsh v. Board of SupervisorsWisconsin Supreme Court · 1877
- Busbee v. . MacYSupreme Court of North Carolina · 1881
- Roberts v. DeedsSupreme Court of Iowa · 1881
- Olsen v. BagleyUtah Supreme Court · 1894
- Eastman v. GurreyUtah Supreme Court · 1897
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