Heller v. City of Milwaukee
| Citation | 70 N.W. 1111,96 Wis. 134 |
| Parties | HELLER v. CITY OF MILWAUKEE. |
| Decision Date | 30 April 1897 |
| Court | United States State Supreme Court of Wisconsin |
OPINION TEXT STARTS HERE
Appeal from circuit court, Milwaukee county; D. H. Johnson, Judge.
From an order overruling a demurrer to the complaint, defendant appeals. Reversed.C. H. Hamilton and Ernest Bruncken, for appellant.
F. B. Van Valkenburgh, for respondent.
This is an appeal from an order overruling the demurrer to the complaint, alleging, in effect, that the defendant sold certain real estate described, February 2, 1892, in the city of Milwaukee, to the plaintiff, for the alleged nonpayment of city taxes, assessments, and charges on two certain lots described, and thereupon the defendant issued to him the usual certificate or contract reciting such sale to the plaintiff for the sum named; that the certificate bears interest at the rate of 25 per cent. per annum; that, if the land so sold should not be redeemed according to law, the owner of the certificate would be entitled to a conveyance of so much of said land as should remain unredeemed; that the defendant had not taken such proceedings and steps as authorized and empowered it to sell such lands at the date named; that, accordingly, one Liebermann, who was the owner and in possession of said lots, brought suit against the defendant and this plaintiff to have such sale and sale certificate declared to be null and void, and such proceedings were had and taken in that action that said sale and said certificate were adjudged and declared absolutely null and void, and of no value whatever, for the reason that the city officials and the city neglected to take proper steps to make the same valid (Liebermann v. City of Milwaukee, 89 Wis. 336, 61 N. W. 1112); that the plaintiff paid the defendant the sum of $570.16 upon said pretended sale, as stated, and had received no consideration therefor, except said void tax-sale certificate; that he is now still the owner and in possession of said certificate; that no part thereof had been redeemed; that the time for redeeming the same and taking the deed had long since passed; that he hereby and herewith brings said certificate into court, and offers to deliver the same for cancellation; that the defendant had refused, and still does refuse, to repay the same to the plaintiff, to his damage of $1,000; wherefore he demands judgment for $570.16, together with interest thereon from February 2, 1892, with costs.
The plaintiff contends that, the sale and...
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