Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin Volume 52 pdf
Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin Volume 52 pdf

Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin Volume 52.cWisconsin Supreme Court
Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin Volume 52
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Author: Wisconsin Supreme Court
Page Count: 252 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781236097514
Download Link: Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin Volume 52
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 Excerpt: ...acquired no title to the lands under the conveyance from Marathon county, because the tax deeds under which Marathon county held them were void on their face; therefore the county had nothing to convey. But we shall not attempt at this time to place a construction upon chapter 22, Laws of 1867, which authorized Marathon county to convey certain lands to the state in satisfaction of its indebtedness to the state. The meaning and effect of that law were questions largely discussed upon the argument. But we do not deem it necessary to enter into a consideration of these questions on this appeal. It is sufficient to say that the defendant does not derive title from a source, properly speaking, hostile and adverse to that of the state. On the contrary, whatever claim he has to the lands arises out of tax proceedings taken under state authority. He is not in a position to attack the title which the plaintiffs acquired under the state patents. If he were making title under one claiming adversely to the state, his position would be different. But now, as the case stands, the state is the common source of title. The plaintiffs, then, are not bound, under the circumstances, to go beyond their patents and show that the state had title to convey. The patents themselves were prima facie evidence of title in them as against the defendant. Though the fact is not proven, the presumption is that the lands were assessed Hewitt, Jr., and another vs. Butterfield. for taxes to those claiming under the patents. If they had no title, it is quite clear the defendant acquired none by his tax deeds. The defendant relies upon the elementary principle that, in the action of ejectment, the plaintiff must recover upon the strength of his own title, and not on the defects in that of his ...

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