120 Wis. 369 | Wis. | 1904
Both parties claim title to unoccupied land under tax deeds fair on their face, but voidable for irregularities, unless such irregularities, have been cured by a limitation statute. The plaintiffs deed was recorded May 17, 1897, and the defendant’s deed (based on a subsequent tax) was recorded March 9, 1900, so that two years and ten months had elapsed after the recording of the plaintiffs deed when the defendant’s deed was recorded. Had the plaintiffs deed been recorded for three entire years before the execution and recording of the defendant’s deed, there is no doubt that the plaintiffs title would have been perfected by the three-years statute of limitations; but the defendant claims that, when he put his deed on record prior to the expiration .of the three-years period, he interrupted the running of the statute, and hence plaintiff’s title has not been perfected. The lands were at all times vacant and unoccupied, and it is familiar law that -under such circumstances the tax-title claimant,' who has a recorded deed valid on its face, is deemed to be constructively in possession of the prem-isos, and, if the original owner does not bring his action within three years, he is barred.from bringing any action, and the tax title becomes unassailable. The defendant’s '■position is that exclusive constructive possession for three years is absolutely essential to the plaintiff’s right; that when the defendant’s subsequent tax deed was recorded the plaintiff’s constructive possession must necessarily have ceased, •and constructive possession by the defendant begun; hence that the plaintiff’s title has never been made perfect by the statute of limitations, but is still open to attack for irregularity, and that defendant’s tax title, being for a later tax, is the better title. The difficulty with this reasoning is that
There are no other contentions which are deemed of sufficient importance to demand special treatment.
By the Gourt. — Judgment affirmed.