Keller v. Friedrichs

• Decision Date: 01 June 1942
• Citation: 4 N.W.2d 169,241 Wis. 8
• Parties: KELLER v. FRIEDRICHS et al.
• Court: Wisconsin Supreme Court

241 Wis. 8

4 N.W.2d 169

KELLER

v.FRIEDRICHS et al.

Supreme Court of Wisconsin.

June 1, 1942.

Appeal from an order of the Circuit Court for Milwaukee County; Otto H. Breidenbach, Circuit Judge.

Affirmed.

Action to quiet title. This action was begun on August 25, 1941, by Albert A. Keller, plaintiff, against Alfred Friedrichs and Gertrude Friedrichs, his wife, defendants, to quiet the title to certain lands situated in Milwaukee county. The defendants answered denying the allegations of the plaintiff's complaint and alleged that Alfred Friedrichs had title to the premises based on a tax deed issued April 10, 1940. By way of counterclaim the defendant Alfred Friedrichs alleged that on April 12, 1940, Realty Finance & Securities Company was the owner in fee simple of the real estate subject to a mortgage held by the plaintiff; that the plaintiff acquired all of the right, title and interest of the original owner through a sheriff's deed on foreclosure; that the property was sold to the city of Milwaukee on February 20, 1934, for the nonpayment of taxes for the year 1933; that the city of Milwaukee thereafter assigned the tax certificate to the defendant, Alfred Friedrichs; that Friedrichs has purchased other tax certificates either from the city of Milwaukee or the county of Milwaukee and is now the owner and holder thereof; that these certificates cover the tax periods from the year 1934 to the year 1938, and have a face value aggregating $469.84, plus accrued penalties and interest; that the defendant Alfred Friedrichs claims title to the property by virtue of a tax deed issued to him on April 10, 1940, by the city of Milwaukee on the tax certificate for the sale of February 20, 1934, tax of 1933, which deed was recorded April 12, 1940. The defendants ask judgment establishing their title.

The plaintiff replied to the defendant's counterclaim, admitted that defendants claimed title by virtue of the tax deed; that the defendant has paid other taxes; denied that by virtue of the tax deed or by virtue of the payment of taxes that the defendant has become the owner of the real estate in question; “but alleges on the contrary that said Alfred Friedrichs was the tenant of the said Realty Finance & Securities Company at the time of the issuance to him of said tax deed and the payment of said taxes as aforesaid, and that said Alfred Friedrichs had no other or greater right in said premises than that of his said landlord.

“As and for a further defense the plaintiff alleges that the purchase of such tax certificates and the payment of such taxes by said defendant was made solely in the interest and for the benefit of said defendants' landlord, and that the said tax deed is for that reason void and...