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21 Wis. 425

Paine v. Libby

Wisconsin Supreme Court

Decided January 15, 1867

Wisconsin Supreme Court · decided 1867-01-15

APPEAL 'from the Ciro ait Court for Winnebago County. Replevin (commenced November 9, 1868), for logs, cut by plaintiff’s intestate, Nathan Paine, on certain lots in Shawano county to which he claimed title under tax deeds. Defendant claimed under the original owner of the land.

Decided 1867-01-15

Downer, J.

¶1The logs in dispute in this action were cut by Nathan Paine, in his life time, on lands he claimed to own by virtue of two tax deeds, regular on their face, and which are *427made by law prima facie evidence of title. The facts proved however are sufficient to avoid the deeds. This is admitted, or not seriously contested. But it is claimed that one in possession of land under tax deeds prima facie valid, who cuts timber thereon and removes it from the land, thereby acquires title to such timber. We know of no rule or principle of law to that effect.

¶2By the Court. — Judgment affirmed.

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