Dolan v. Trelevan
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. This action was brought under cb. 22, Laws of 1859, by tbe grantee in a certain tax deed, against tbe former owner of tbe land described in sucb deed, for tbe purpose of barring tbe defendant of all right, title, interest or claim in and to sucb land, or a portion thereof.
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APPEAL from tbe Circuit Court for Fond du Lac County. This action was brought under cb. 22, Laws of 1859, by tbe grantee in a certain tax deed, against tbe former owner of tbe land described in sucb deed, for tbe purpose of barring tbe defendant of all right, title, interest or claim in and to sucb land, or a portion thereof. A copy of tbe tax deed is inserted in tbe complaint, but does not have attached to it or upon it a copy of tbe seal of tbe board of supervisors, by whose cleric tbe deed purports to have been executed. It contains, however, tbe attestation clause, wherein tbe clerk…
1Opinion of the CourtLyON, J.
Three objections are made to the complaint: 1. That it does not appear therefrom that the seal of the county *150board of supervisors is affixed to tbe tax deed. 2. That the deed is void for uncertainty in the description of the land which it purports to convey. 8. That .the complaint is fatally defective, by reason of its failure to aver compliance with the acts of 1867 and 1868 in respect to giving notice of the application for a tax deed.
I. Had the copy of the tax deed inserted in the complaint contained a scroll with the letters “L. S.” or the word “seal” written within it, probably no one…
2Cases cited2 opinions
- State ex rel. Knox v. HundhausenWisconsin Supreme Court · 1868
- Kearns v. McCarvilleWisconsin Supreme Court · 1869
3Cited by9 opinions
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- Hartung v. WitteWisconsin Supreme Court · 1884
- Stockwell v. CouillardMassachusetts Supreme Judicial Court · 1880
- Peters v. ReichenbachWisconsin Supreme Court · 1902
- Riha v. PelnarWisconsin Supreme Court · 1893
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