Eaton v. Tallmadge
Wisconsin Supreme Court
ERROR to the Circuit Court for Fond du Lac County. Ejectment. Eaton (plaintiff below) introduced in evidence a tax deed to one Loomis, dated April 24, 1862, founded on the tax sale of 1869; a quitclaim deed from Loomis to one Knapp, dated June 24, 1862; a warranty deed from plaintiff to Knapp, dated August 26, 1859; a mortgage from Knapp to plaintiff, of same date, without covenants of warranty — all covering the land in dispute; also the judgment roll in the cáse of the…
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ERROR to the Circuit Court for Fond du Lac County. Ejectment. Eaton (plaintiff below) introduced in evidence a tax deed to one Loomis, dated April 24, 1862, founded on the tax sale of 1869; a quitclaim deed from Loomis to one Knapp, dated June 24, 1862; a warranty deed from plaintiff to Knapp, dated August 26, 1859; a mortgage from Knapp to plaintiff, of same date, without covenants of warranty — all covering the land in dispute; also the judgment roll in the cáse of the same plaintiff against Knapp and one Eoster, for the foreclosure of said mortgage^ the sheriff’s deed to him as purchaser…
1Opinion of the CourtOole, J.
From the charge of the court to the jury, we infer that it appeared from the evidence adduced on the trial, that the title.of Loomis under the tax deed dated April 24th, 1862, became vested in Knapp before the commencement of the foreclosure suit. ‘ The court seems to *528assume this to be the fact, and it was doubtless so. Tbe question then arises, Would tbat title pass to tbe plaintiff by virtue of tbe foreclosure proceeding? The court instructed tbe jury tbat it would not, because it was tbe plaintiff’s duty to bave protected tbe title of Knapp, and tbat it was in consequence of tbe…
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