67 Wis. 435 | Wis. | 1886
“ When any lands upon which the county holds a tax certificate shall not be redeemed as provided by law, the county clerk shall execute to the county, in his name of office, a deed therefor, witnessed, sealed, and acknowledged and in like form as deeds to individuals; and such deeds shall have the same force and effect as deeds executed by such clerk to individuals for lands sold for the nonpayment of taxes, but no such deed shall be issued until the county board shall, by resolution, order the same.” Sec. 1194, R. S. (sec. 11, ch. 22, Laws of 1859). “Such deed, duly witnessed and acknowledged, shall be presumptive evidence of the regularity of all the proceedings,
The tax deed, being regular upon its face, was properly admitted in evidence, and vested the title in the county. But while such tax deed was presumptive evidence of the regularity of all proceedings up to and including the execution of such deed, still it was not evidence of authority on the part of the county clerk to subsequently execute a quitclaim deed of the same land. “ The powers of a county, as a body corporate, can only be exercised by the county board thereof, or in pursuance of a resolution or ordinance by them adopted.” Sec. 652, E. S. “ The county board may, by resolution or ordinance, direct the county clerk to sell and convey any real estate of the county not donated' and required to be held for a special purpose; and all deeds made in pursuance thereof on behalf of the county by the county clerk, under his hand and the county seal, and áe-knowledged by him, shall convey all the right, title, interest, and estate which the county may then have in and t©
By the Court.— The judgment of the circuit court is affirmed.