Madler v. Kersten
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. Action to remove a cloud upon the title to real estate. The plaintiffs are the administrator and the heirs at law of one Thomas McFarlin, deceased. The land consists of a forty-acre tract of unoccupied land. The cloud consists of a tax deed issued to the defendant Frank L. Kersten.
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Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. Action to remove a cloud upon the title to real estate. The plaintiffs are the administrator and the heirs at law of one Thomas McFarlin, deceased. The land consists of a forty-acre tract of unoccupied land. The cloud consists of a tax deed issued to the defendant Frank L. Kersten. The deed is attacked on account of several irregularities', set-forth in the complaint, as well as upon the ground that the certificate of tax sale on which it was issued never was assigned to or owned by the defendant…
1Opinion of the CourtWinslow, C. J.
It is evident that the plaintiffs proved no title to the lands in question. A deed from one not shown to have been in possession of the land is no proof of title. Hamilton v. Beaudreau, 78 Wis. 584, 47 N. W. 952; Cartwright v. Hall, 88 Minn. 349, 93 N. W. 117. An action to remove a cloud from the title can only be maintained by one who shows title in himself, either legal or equitable, or at least shows that he owns a lien or incumbrance on the land. Sec. 3186, Stats.; Kimball v. Baker L. & T. Co. 152 Wis. 441, 140 N. W. 47. This seems to be simply good common sense, and good common sense is…
2Cases cited5 opinions
- Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1878
- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- McWilliams v. GoughWisconsin Supreme Court · 1903
- Cartwright v. HallSupreme Court of Minnesota · 1903
- Hamilton v. BeaudreauWisconsin Supreme Court · 1891
3Cited by4 opinions
- Estate of StephensonWisconsin Supreme Court · 1920
- New Mexico Realty Co. v. Security Investment & Development Co.New Mexico Supreme Court · 1921
- Hunter v. NeuvilleWisconsin Supreme Court · 1949
- Textor v. EstabrookWisconsin Supreme Court · 1922