McCormick v. Herndon
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Grant County. The case is thus stated by Mr. Justice Cassobay: “This action of ejectment was commenced July 2,-1885, to recover the forty acres of land described. The complaint, alleged that the plaintiff was the owner in fee-simple absolute, and entitled to the possession, which was unlawfully withheld by the defendant.
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APPEAL from tlie Circuit Court for Grant County. The case is thus stated by Mr. Justice Cassobay: “This action of ejectment was commenced July 2,-1885, to recover the forty acres of land described. The complaint, alleged that the plaintiff was the owner in fee-simple absolute, and entitled to the possession, which was unlawfully withheld by the defendant. The answer admitted that the defendant was in possession, but denied that the plaintiff had any title, either legal or equitable. To maintain his title, the plaintiff proved an entry of the land by John A. Garner, January 16, 1855; a…
1Opinion of the CourtCassoday, J.
The court charged the jury, as a matter or law,* that the tax deed was void for material errors in the tax proceedings antecedent to it; and therefore that the defendant had no valid legal title to the land. This took all question as to the tax deed out of the case. The only defense left was that, prior to the death of William H. Garner, he and his wife conveyed the land to Wheeler by warranty deed. To do away with' the effect of that deed as an absolute conveyance, the plaintiff sought to prove that it was given to secure the repayment of money and hence was nothing but a mortgage. But the…
2Cases cited4 opinions
- Wilson v. HenryWisconsin Supreme Court · 1876
- Stephenson v. WilsonWisconsin Supreme Court · 1880
- Evans v. EnloeWisconsin Supreme Court · 1885
- Toomey v. KayWisconsin Supreme Court · 1885
3Cited by20 opinions
- Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
- Gassert v. BogkMontana Supreme Court · 1888
- Beebe v. Wisconsin Mortgage Loan Co.Wisconsin Supreme Court · 1903
- Burdick v. RaymondSupreme Court of Iowa · 1899
- Estate of MolayWisconsin Supreme Court · 1970
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