25 Wis. 460 | Wis. | 1870
The only question in this case is, whether the party in possession of land, claiming title in good faith under a tax deed void on its face, can, after the lapse of three years from the time of his entry, be protected under the statute prescribing that limitation next after the recording of the tax deed for the commencement of any suit to recover such land. This case arises under the statute of 1849 (R. S. 1849, ch. 15, §.123), and the question involved is identical with that presented and decided in Edgerton v. Bird, 6 Wis. 527, 528, and which decision was subsequently followed in Sprecker v. Wakeley, 11 Wis. 432, where the tax deed in question was also void on its face by reason of its having been given one day too soon. And yet, notwithstanding those decisions, the question has of late years been often raised in this court, as if it were still an open one ; and now this case comes up, and most elaborate printed arguments have been submitted on the same supposition. It is certainly time the question was put at rest, and an end had of argument upon it. Aside from the considerations generally prevailing to induce an adherence to past decisions and settled points, the question here is one to which the doctrine of stare deeisis applies with somewhat peculiar force. It is certainly better that almost any question should be settled, if even upon doubtful principles, than that it should not be settled at all. But here the matter is one of very considerable importance in the administration of public affairs; it concerns the title to land, and has, undoubtedly, become a rule of property in very numerous instances. The decisions referred to have never been overruled or shaken by any since made; and to disturb them now can only be justified upon reasons the most clear and' satisfactory, showing them to have been
The statute imposing the limitation makes no reference to the form of the deed. It does not say a tax deed valid on its face. For all that appears, it is in entire harmony with the intention of the legislature, that the deed should be such, and such only, as should create a belief in the mind of the purchaser, a person not skilled in the learning and technicalities of the law, that he had acquired a good title — that it should be executed by
But again it is said, that the fact of possession and claim of title in good faith, under the tax deed, does not enter into or constitute an element in the limitation prescribed by the statute j and that cases of this kind, where the déed is invalid on its face, are provided for by another statute, which prescribes a limitation of ten years. This, in my judgment, is the point of greatest difficulty. The statute is silent upon the question of possession and bona fide claim of title under color of a tax deed; and if it is extended to cases of this nature,' it must be by the spirit of it, and by analogy to the provisions of the other statute, and not because such cases are within the letter of it. The reasonableness of
By the Court. — Judgment affirmed.