Legal Opinion

Strange v. Oconto Land Co.

Wisconsin Supreme Court

Decided October 20, 1908PublishedCited by 8 opinions

Appeal from an. order of the circuit court for Dane county: E. Rat Steveks, Circuit Judge. The appeal is from an order sustaining a demurrer to the plaintiff’s amended complaint in a suit in equity.

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Appeal from an. order of the circuit court for Dane county: E. Rat Steveks, Circuit Judge. The appeal is from an order sustaining a demurrer to the plaintiff’s amended complaint in a suit in equity. The pleading demurred to averred that Robert McMillan died June 18, 1906, and the plaintiff was his executor, and that at the time of his death and since 1880 McMillan was the owner of the patent title to the land in question, which is and always has been vacant and unoccupied land situate in the town of Darling, Oconto county, the latter town adjoining the town of How in the same county. The town…

1Opinion of the CourtTimliw, J.

Appellant’s first contention is that the tax deeds described in the complaint “were void because the entire proceeding is based on, and all authority of the tax officers is derived from, the resolution acted upon by the county board on June 14, 1879, which resolution is of no force and invalid, because it did not receive sufficient affirmative votes. The basis of this contention is section 665 of the Wisconsin statutes [E. S. 1878], which requires that all questions shall be determined by a majority of the members present. There were ten members present, and the recorded vote shows five voted…

2Cases cited15 opinions

  1. Rushville Gas Co. v. City of RushvilleIndiana Supreme Court · 1889
  2. Oconto Co. v. JerrardWisconsin Supreme Court · 1879
  3. Chicago & Northwestern Railway Co. v. Langlade CountyWisconsin Supreme Court · 1883
  4. Sprague v. BrownWisconsin Supreme Court · 1876
  5. State ex rel. Busacker v. GrothWisconsin Supreme Court · 1907

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3Cited by8 opinions

  1. Van Gilder v. City of MadisonWisconsin Supreme Court · 1936
  2. State ex rel. Bloomer v. CanavanWisconsin Supreme Court · 1914
  3. Kootz v. Tax CommissionWisconsin Supreme Court · 1938
  4. Halwas v. American Granite Co.Wisconsin Supreme Court · 1909
  5. State ex rel. Hessey v. DanielsWisconsin Supreme Court · 1910

3 more not listed; retrieve them via the Exa API.

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