Watkins v. Zwietusch

• Decision Date: 06 November 1879
• Citation: 3 N.W. 35,47 Wis. 513
• Parties: WATKINS v. ZWIETUSCH and others
• Court: Wisconsin Supreme Court

3 N.W. 35

47 Wis. 513

WATKINS v. ZWIETUSCH and others

Supreme Court of Wisconsin

November 6, 1879

APPEAL from the Circuit Court for Milwaukee County.

Ejectment for a lot in the city of Milwaukee; tried by the court without a jury. Plaintiff traced title to the heirs of Charles K. Watkins, deceased, and showed that, in a partition of the estate of said deceased, said lot was set off to himself as one of the heirs-at-law, and that he was in possession in 1876. Defendants introduced tax deeds of said lot from the city to Thomas M. Knox, for city taxes of 1861 and 1864, which deeds were recorded respectively in February 1865, and September, 1868; also a quit-claim deed from Thomas M. Knox and wife to Caroline B. Watkins, dated December 22 1865; also a tax deed of the same lot from the city to the defendant Zwietusch for taxes of 1871, recorded June 30 1877. Their evidence also tended to show that the lot was vacant until 1876. Plaintiff thereupon showed, by the probate records of Milwaukee county, the appointment of Caroline B. Watkins (widow of Charles K. Watkins) and another person, in June, 1858, as administrators of the estate of said deceased, and that in the final account of administration said estate was charged with the amount paid Thomas M. Knox for quit-claiming his interest acquired by tax deed as before stated. The other evidence need not be given. The finding of the circuit court as to facts affecting the validity of the deed of 1871, is sufficiently set out in the opinion.

From a judgment in favor of the plaintiff, defendants appealed.

Judgment affirmed.

For the appellants, there was a brief by Cotzhausen, Sylvester & Scheiber, and oral argument by Mr. Cotzhausen.

The cause was submitted for the respondent on the brief of E. Mariner.

OPINION

HARLOW S. ORTON, J.

It is apparent from the evidence that the respondent held the legal title to the premises in question as an heir-at-law of Charles K. Watkins, deceased, and that the tax titles of Thomas M. Knox inured to his benefit by being bought in by, and conveyed to, Caroline B. Watkins, the widow of said Charles, and one of the administrators of his estate, by the use of the moneys belonging to the estate.

The only remaining question is of the validity of the tax deed of the appellant, which is based upon special assessments of benefits by the grading and improvement of streets in the city of Milwaukee. The learned circuit judge found, as a fact proved, "that...