Wakeley v. Mohr

Decided June 15, 1864

Wisconsin Supreme Court · decided 1864-06-15

This was an action under secs. 35 et seq., ch. 22, Laws of 1859, to quiet the plaintiff’s title under a tax deed, to land in said county. Mohr demurred to the complaint on the grounds that it did not state facts sufficient to constitute a cause of action, and that several causes of action were improperly joined therein. The court sustained the demurrer, and the plaintiff appealed.

Cited by 4 later decisions — most recently March 1903

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1864-06-15

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¶1By the Court,

DixoN, C. J.

¶2A rebearing was granted in this case upon tbe point decided in Lain v. Cook, 15 Wis., 446, and not presented in tbe first argument, namely, that tbe tax deed set out in tbe complaint is void for tbe omission of the words “ as tbe fact is,” required by chapter 66, Laws of 1854. Counsel struggled to distinguish this case from Lain v. Cook, and to show that tbe recitals of tbe deed are equivalent in substance to tbe words used in tbe statute. It is bard, however, to struggle against tbe positive requirements of a statute, and we think tbe learned counsel felt tbe difficulty. Tbe deed contains no words of equivalent signification, and tbe cases are not distinguishable.

¶3Order affirmed.