Bemis v. Weege

• Decision Date: 14 December 1886
• Citation: Bemis v. Weege, 67 Wis. 435, 30 N.W. 938 (Wis. 1886)
• Parties: BEMIS v. WEEGE AND OTHERS.
• Court: Wisconsin Supreme Court

67 Wis. 435

30 N.W. 938

BEMIS

v.WEEGE AND OTHERS.

Supreme Court of Wisconsin.

December 14, 1886.

Appeal from circuit court, Waupaca county.

The plaintiff in this action of ejectment, commenced January 30, 1883, claims title to the lands described under and by virtue of a tax deed from the state of Wisconsin and county of Waupaca, to Waupaca county, executed May 19, 1877, recorded June 8, 1877, upon a tax certificate issued May 14, 1872, for the unpaid taxes of 1871; and also a quitclaim deed from Waupaca county to the plaintiff, executed and recorded May 13, 1878; also a quitclaim deed from the plaintiff to Olson, March 11, 1879; and a quitclaim deed from Olson to the plaintiff, May 26, 1879. In his complaint he also claimed the protection and benefit of the following statutes of limitation: Chapter 334, Laws 1878; Rev. St. c. 50, §§ 1210 d,i 1210 ie; chapter 309, Laws 1880; chapter 250, Laws 1882,--and alleged that defendants were in possession, and unlawfully withheld the same from the plaintiff, to his damage $500. The defendants answered by way of admissions and denials, and insisted upon the limitation of section 1210 d, Rev. St., in their favor. Notice of lis pendens was filed January 26, 1883, and again February 7, 1884. Upon the trial the plaintiff offered in evidence the several deeds mentioned, which were received under objection, and rested. Thereupon the defendants moved for a nonsuit, which was granted. From the judgment entered thereon the plaintiff brings this appeal.Myron Reed, for appellant, Bemis.

G. W. Cate, for respondents, Weege and others.

CASSODAY, J.

“When any lands upon which the county holds a tax certificate shall not be redeemed as provided by law, the county clerk shall execute to the county, in his name of office, a deed therefor, witnessed, sealed, and acknowledged, and in like form as deeds to individuals; and such deeds shall have the same force and effect as deeds executed by such clerk to individuals for lands sold for the non-payment of taxes, but no such deed shall be issued until the county board shall, by resolution, order the same.” Section 1194, Rev. St. (chapter 22, § 11, Laws 1859.) “Such deed, duly witnessed and acknowledged, shall be presumptive evidence of the regularity of all the proceedings, from the valuation of the land by the assessor up to and including the execution of the deed, and may be recorded with like effect as other conveyances of land.” Section 1176, Rev. St., (section 25, c. 22, Laws 1859;) Hewitt v. Week, 59 Wis. 447; S. C. 18 N. W. Rep. 417. Such tax deed to an individual, being presumptive evidence of the regularity of all proceedings up to and including the execution of the deed, necessarily includes the authority of the clerk to so execute the deed. This being so, a tax deed from the state and county to the county must have “the same force and effect,” for it is so stated in section 1194, supra; and hence such presumptive evidence must include the authority of such clerk to execute such deed, which, in the absence of evidence to the contrary, will be presumed to have been given by resolution ordered by the county board as therein provided. This should especially be so, since the authority need not be especially given for the execution of each particular deed, but may be general and continuous, as held in Mead v. Nelson, 52 Wis. 405, 406;S. C. 8 N. W. Rep. 895.

The tax deed, being regular upon its face, was properly...