Lingott v. Bihlmire

• Decision Date: 20 July 1964
• Citation: 129 N.W.2d 329,24 Wis.2d 182
• Parties: Carol LINGOTT, Appellant, v. BIHLMIRE, Respondent, City of Lake Geneva, a municipal corporation, Intervening Defendant-Respondent.
• Court: Wisconsin Supreme Court

Page 329

129 N.W.2d 329

24 Wis.2d 182

Carol LINGOTT, Appellant, v. BIHLMIRE, Respondent,

City of Lake Geneva, a municipal corporation, Intervening

Defendant-Respondent.

Supreme Court of Wisconsin.

July 20, 1964.

Genoar & Braden, Lake Geneva, Whyte, Hirschboeck, Minahan, Harding & Harland, Milwaukee, of counsel, for defendant-respondent.

Frederick F. Hillyer, Madison, for plaintiff-appellant.

PER CURIAM.

We reaffirm our opinion, 128 N.W.2d 625, on the merits and deny the motion for rehearing without costs. In the briefs on the motion for rehearing our attention has been called, for the first time, which we deem timely in this case, to the provisions of sec. 75.61(1), Stats., which reads as follows:

'75.61 Tax sales. (1) One year limitation. * * * In every action brought to set aside any such sale, or to cancel any tax certificate, or to restrain the issuing of any tax deed upon any ground whatever not going to the validity of the assessment and affecting the groundwork of such tax or special assessment, the plaintiff, if he show himself otherwise entitled to judgment, shall, before the entry thereof within a reasonable time to be fixed by the court, pay into the court for the person or persons claiming under such tax sale or tax certificate the amount for which such land was sold, and the amount paid by such person or persons for taxes levied upon the premises subsequent to such sale, with interest on all such amounts at the rate of eight per cent per annum from the times of payment until the said money be so paid into court; and in default of such payment within the time so fixed the defendant shall have judgment in the action. This provision as to the payment into court to be made by the plaintiff shall apply to all actions brought to cancel any tax deed, or to remove the cloud upon any title created by any tax certificate or tax deed where the action impeaches the tax deed or tax certificate upon any grounds whatever not affecting the groundwork of the tax for the nonpayment of which such deed or tax certificate was issued.'

The mandate should be modified in accordance with the requirements of the statute and hence the original mandate on this appeal is withdrawn and the corrected mandate should read as follows: ¹

The interlocutory judgment of the circuit court dated July 12, 1963, dismissing the plaintiff's first cause of action, is reversed, and the cause remanded with directions to enter judgment under sec. 75.61(1), Stats., setting...