Legal Opinion

Brown v. Cohn

Wisconsin Supreme Court

Decided February 2, 1897PublishedCited by 11 opinions

Appeal from a judgmeut of the circuit court for Oneida county: S. D. Hastings, Jr., Judge. Action of ejectment. The plaintiff claims title to the lands in controversy under a patent from the United States, issued to him in 1873. The defendants claim under a tax deed issued by Lincoln county to one 0. J. Winton, November 10,1883, on the tax of 1879 and sale of 1880. The lands had been bid in at the tax sale for the county, and the certificates of sale were issued to the…

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Appeal from a judgmeut of the circuit court for Oneida county: S. D. Hastings, Jr., Judge. Action of ejectment. The plaintiff claims title to the lands in controversy under a patent from the United States, issued to him in 1873. The defendants claim under a tax deed issued by Lincoln county to one 0. J. Winton, November 10,1883, on the tax of 1879 and sale of 1880. The lands had been bid in at the tax sale for the county, and the certificates of sale were issued to the county. The county sold the certificates to one John Comstock. They were not assigned to him, but were simply delivered, with…

1Opinion of the Court

The following opinion was filed November 24, 1896:

Newmax, J.

The question principally argued on this appeal, and which seems to be decisive of it, is whether defendants’ title under the tax deeds is concluded by the judgment in Brown v. Lincoln County et al. The claim of the plaintiff is that they are so concluded, while the defendants claim *93that they are not concluded by the pendency of the action at the time of the purchase of their predecessor’s title, because no notice of Us pendens was filed in that action. This, then, is the question: Whether the mere fact of the pendency of the action,…

2Cases cited4 opinions

  1. Hixon v. Oneida CountyWisconsin Supreme Court · 1892
  2. Coe v. ManseauWisconsin Supreme Court · 1885
  3. Wisconsin Central Railroad v. Wisconsin River Land Co.Wisconsin Supreme Court · 1888
  4. Murphy v. FarwellWisconsin Supreme Court · 1859

3Cited by11 opinions

  1. Belleville State Bank v. SteeleWisconsin Supreme Court · 1984
  2. Ater v. KnightCourt of Appeals of Texas · 1920
  3. Gaugert v. DuveWisconsin Supreme Court · 2001
  4. Ritter v. RossCourt of Appeals of Wisconsin · 1996
  5. Williams v. J. L. Gates Land Co.Wisconsin Supreme Court · 1911

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