Allen v. Allen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Vernon county: O. B. Wymaw, Circuit Judge. This is an action in equity to set aside a tax title upon eighty acres of land upon the ground of various irregularities in the tax proceedings, and upon the further ground that the relations of the parties were such that the purchase of the tax title by the defendant O. W. Allen constituted in law a payment of the tas.
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Appeal from a judgment of the circuit court for Vernon county: O. B. Wymaw, Circuit Judge. This is an action in equity to set aside a tax title upon eighty acres of land upon the ground of various irregularities in the tax proceedings, and upon the further ground that the relations of the parties were such that the purchase of the tax title by the defendant O. W. Allen constituted in law a payment of the tas. Tbe plaintiffs are five in number, and axe children and heirs at law of one Thomas W. Allen, who died intestate, March 1, 1880, seised of the land in question, and whose estate has never…
1Opinion of the CourtWinst.ow, J.
The validity of the tax deed secured by Field is attacked on several grounds, which will be briefly considered in their order.
1. The sale took place May 16, 1893; the last publication of the delinquent list and notice of sale was made May 10th; *621the delinquent list and notice was duly published the required number of times, but no affidavit of publication was filed until May 20th, being four days after the sale, and ten days after the last publication. The statute (sec. 1132, Stats. 1898) provides that the printer’s affidavit showing the proper publication of the list and notice shall be…
2Cases cited17 opinions
- Van Horne v. FondaNew York Court of Chancery · 1821
- Smith v. LewisWisconsin Supreme Court · 1866
- Hart v. SmithWisconsin Supreme Court · 1878
- Hunter v. BosworthWisconsin Supreme Court · 1878
- Wright v. SperryWisconsin Supreme Court · 1867
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3Cited by24 opinions
- Moody v. Winchester Management Corp.District of Columbia Court of Appeals · 1974
- Application of ClarkWisconsin Supreme Court · 1908
- Free v. GreeneCourt of Appeals of Maryland · 1938
- Robert L. Preston v. United StatesCourt of Appeals for the Seventh Circuit · 1982
- Town of Jamestown v. Pennsylvania Co. for Banking & TrustsSupreme Court of Rhode Island · 1966
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