City of Milwaukee v. Roberts

• Decision Date: 09 November 1938
• Citation: 282 N.W. 21,229 Wis. 325
• Parties: CITY OF MILWAUKEE v. ROBERTS et al.
• Court: Wisconsin Supreme Court

229 Wis. 325

282 N.W. 21

CITY OF MILWAUKEE

v.ROBERTS et al.

Supreme Court of Wisconsin.

Nov. 9, 1938.

Appeal from an order of the Circuit Court for Milwaukee County; August E. Braun, Judge.

Action to quiet title by the City of Milwaukee against David E. Roberts and others. From an order sustaining plaintiff's demurrer to the answer of defendant County of Milwaukee, the county appeals.-[By Editorial Staff.]

Affirmed.

Action commenced by the city of Milwaukee on March 3, 1938, to quiet title to a certain lot in the city of Milwaukee, title to which it claimed by virtue of a tax deed issued May 26, 1937. This deed was issued on a city of Milwaukee tax sale certificate dated February 16, 1932. At the time of taking the tax deed, there were outstanding delinquent city taxes represented by the liens of tax sale certificates dated both prior and subsequent to the date of the tax sale certificate (February 16, 1932) on which the deed was issued.

At the time the tax deed was issued, there were outstanding delinquent state and county taxes against the same lot, represented by the lien of tax sale certificates dated both prior and subsequent to the date of the tax sale certificate on which the city took the deed in question. These certificates were held and owned by the county except four certain certificates which were held in trust by the county for the Metropolitan Sewerage District of Milwaukee County. The complaint alleged that the city's tax title was good against any claim of the county which might be based on the lien of any county tax certificate of date prior to February 16, 1932. The county answered alleging that the lien of none of its certificates had been cut off by any of the city tax certificates, and further alleged that the county owned or held tax sale certificates and taxes constituting valid and subsisting liens against the lot in question, superior to the lien asserted by the city. The city demurred to the county's answer upon the ground that “it appears on the face thereof that said answer does not state facts sufficient to constitute a defense.”

The court below sustained the demurrer with leave to the county to plead over. The county elected not to plead over and appeals from the order sustaining the demurrer.

Herbert J. Steffes, Dist. Atty., and Oliver L. O'Boyle, Corp. Counsel, both of Milwaukee (C. Stanley Perry, Asst. Corp. Counsel, of Milwaukee), for appellant.

Walter J. Mattison, City Atty., and Ronold A....