T. D. Kellogg Lumber & Manufacturing Co. v. Webster Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Langlade county: John G-oodland, Circuit Judge. This action was brought to recover $521.61 paid November 19, 1904, in redemption of a tax certificate alleged to be outstanding against the real estate of plaintiff, purchased from the defendant through one T. I). Kellogg.
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Appeal from a judgment of the circuit court for Langlade county: John G-oodland, Circuit Judge. This action was brought to recover $521.61 paid November 19, 1904, in redemption of a tax certificate alleged to be outstanding against the real estate of plaintiff, purchased from the defendant through one T. I). Kellogg. The action was based upon covenants against incumbrances, and it was alleged that the tax certificate was an outstanding incumbrance against plaintiff’s property, and before action brought the plaintiff paid the amount due on the certificate to the county clerk of Langlade county…
1Opinion of the CourtKeRWIK, J.
The vital question for determination upon this appeal is whether the tax certificate taken in the name of Weeks was a valid lien upon the real estate conveyed to plaintiff. If so, then the plaintiff had a good cause of action against the defendant. This question turns upon whether the proof establishes that the certificate' was taken by Weeks for the defendant and therefore amounted to a payment of the taxes, and whether the relation of Weeks to the defendant in the matter was such as to prevent him from taking the certificate and thereby making it a lien upon the premises. These questions…
2Cases cited18 opinions
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Chase v. WoodruffWisconsin Supreme Court · 1907
- Hayward Rubber Co. v. DunckleeSupreme Court of Vermont · 1856
- Jilsun v. StebbinsWisconsin Supreme Court · 1876
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Memphis & Arkansas River Packet Co. v. AgnewTennessee Supreme Court · 1915
- Cummings v. Pennsylvania Fire InsuranceSupreme Court of Iowa · 1912
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911