Bronson v. St. Croix Lumber Co.
| Decision Date | 06 October 1890 |
| Parties | DAVID BRONSON and another <I>vs.</I> ST. CROIX LUMBER COMPANY and Intervenor. |
| Court | Minnesota Supreme Court |
Warner, Richardson & Lawrence, for appellants.
Fayette Marsh, for respondents.
This action was commenced in July, 1883, to recover from the St. Croix Lumber Company a quantity of logs — or the value of the same — which that corporation had cut in the winter of 1882-83 from lands in the state of Wisconsin, and which it had brought down the tributaries of the river St. Croix into Lake St. Croix. The title of the logs was in issue, and that depended upon the title to the lands from which they had been cut. The title to the lands is conceded to have been in the plaintiffs, unless it had been divested by tax proceedings through which title is claimed to have become vested in the intervenor, Wing, under whose authority the timber was cut and converted into logs. At the trial, facts being admitted which were sufficient prima facie to show title to have been in the plaintiffs at the time of the cutting of the timber, the defendants relied upon certain tax-deeds, executed to the intervenor, Wing, as proof of the divestiture of the plaintiffs' title. We will confine our attention to one of these deeds, which was given and recorded June 1, 1878, and recites a sale of this land as having been made May 11, 1875, for non-payment of taxes. There is no question made as to the validity of this deed on its face, nor that it was substantially in the form prescribed by statute. It was admitted that the plaintiffs had not paid the taxes for the year 1874, (for which it is claimed that the land was sold,) and that they had never redeemed the land from any tax-sale. It is to be taken as a fact from the admissions of the parties that the lands have always been vacant and unoccupied. It was stipulated for the purposes of the trial that the court should take judicial notice of the statutes of Wisconsin. The defendants made no proof of tax proceedings affecting this land other than the tax-deeds, and the recording of the same more than three years prior to the cutting of the timber in question. The trial court held this to be insufficient to show that the plaintiffs' original title had been divested, and judgment was rendered for the plaintiffs. On this appeal we are to consider the effect of the recorded tax-deed of 1878, as evidence in this action as to the title of the lands in Wisconsin. With this end in view, attention must be given particularly to what may be deemed to be the law of Wisconsin, as enacted by its legislature, and as construed and declared by its courts; for the law of that state controls, and by it the question of title to the land in Wisconsin must be determined, even though the law of real property within our own state might be different. Washburn v. Van Steenwyk, 32 Minn. 336, (20 N. W. Rep. 324.) We refer to such laws as are to be regarded as laws of property, and not to mere statutory rules of evidence which have no extraterritorial force.
When this deed was executed and recorded, a statute of Wisconsin (Laws 1861, c. 138, § 5) provided that "no action shall be commenced by the former owner or owners of any lands, or by any person claiming under him or them, to recover possession of land which has been sold and conveyed by deed for non-payment of taxes, or to avoid such deed, unless such action shall be commenced within three years next after the recording of such deed." An exception was made in favor of minors; also in cases where the taxes had been paid or the land redeemed, and in cases where the land was not liable to taxation. By chapter 240 of the Laws of 1878 the following provision was added to the above statute: "But, whenever any such action shall be commenced after the expiration of three years from the date of the recording of such deed, * * * such deed, if executed substantially in form prescribed by law for the execution of tax-deeds, shall be conclusive evidence of the existence and legality of all proceedings from and including the assessment of the property for taxation up to and including the execution of such deed." It may be questionable whether, by virtue of a subsequent enactment, (Laws 1878, c. 334, § 6,) the period of limitation applicable in this case was not reduced to nine months; but we may assume, as the respondents do, that the three-years limitation is applicable. The Revised Statutes of 1878, which did not go into effect until November of that year, contained some modifications of the previous law of limitation, to which we need not particularly refer; for, by the terms of section 4984, the prior statutory limitation having commenced to run before that revision went into effect, the prior law remained in force and was operative as the law of limitation applicable to the case.
The contention of the respondents is, in substance: (1) That the statutory limitation and the declared conclusive effect of the tax-deed are, by the terms of the law, not operative or of any effect, unless it be shown affirmatively and otherwise than by the tax-deed that the land had been sold for taxes, it being conceded that, if this were shown, the law of Wisconsin would be applicable as a rule of property to determine the effect of the recorded deed; (2) that the statute making the tax-deed...
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