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25 Wis. 477

Jensen v. Weinlander

Wisconsin Supreme Court

Decided January 15, 1870

Wisconsin Supreme Court · decided 1870-01-15

The action below was ejectment by Weinlander against Jensen. Weinlander claimed under a sale made by the commissioners of school and university lands on the 6th of December; 1861, and pnt in evidence the notice of snch sale, the certificate of the sale to himself, and a patent of the land thereafter issued to him by said commissioners, based upon snch sale. The land had been mortgaged to the state to secure a loan from the school fund, and forfeited.

Cited by 2 later decisions — most recently October 1924

2 state decisions

Relies on Slyke v. Shelden

Good law ✅— No negative treatment on recordhow we know

Decided 1870-01-15

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Cole, J.

¶1The sole question in this case is, whether the sale made by the commissioners was invalid by reason of the mistake in the notice of sale. The published notice stated that the mortgaged premises would be offered for sale, and sold to the highest bidder, at the office of the secretary of state, at the capitol in Madison, on the 6th day of December, A. D. “1761,” unless sooner redeemed according to law. The notice was dated September 5, 1861. The mistake consisted in stating that the sale would take place on the 6th of December, “1761,” instead of 1861. It seems to us that this mistake could have misled no one. It was an *479impossible day— a day of the past century. The notice pointed to a sale to take place in the future. In reading the whole notice no one conld be in doubt as to when the sale would take place. If the mistake had been of such a nature that any one conld have been misled by it, or such as to render the day upon which the sale was to be made doubtful or uncertain, there would be ground for holding that it invalidated the sale. But the mistake was evidently not of that character. Had the notice stated that the sale would take place on the 6th of December, ’ 61, we think it would have been sufficient. The place, the day of the month, and the month being designated, no one would be misled as to the year when stated in that manner. It seems to us that this case is clearly distinguishable from Miller v. Hull, 4 Denio, 104 ; Van Slyke v. Sheldon, 9 Barb. 278 ; King v. Duntz, 11 id. 192; and other cases of that character in New York, to which we were referred by the counsel for the defendant, 'in support of the position that the sale made by the commissioners was void.

¶2By the Qourt. —The judgment of the circuit court is affirmed.

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