58 Wis. 426 | Wis. | 1883
There is no allegation that any portion of the land was ever occupied. On the contrary, it must be inferred that it was unoccupied at the time of issuing the tax deed, and ever since. The deed, being in the requisite-form and recorded, drew to the grantee the constructive possession of the land from the time of recording,— November 25, 1878. The action could not have been commenced until after April 1, 1883, for it is based upon facts alleged to have been subsequently discovered. Thus, it appears that the defendant was in the constructive possession, of the land from November 25,187.8, to April 1,18S3. This being so, the case clearly comes within the provisions of sec. 1210$, R. S., as amended, unless the alleged fraud takes it out of the operation of that section.
It has frequently been held that the section runs in favor of the party who is in the actual or constructive possession of the land, and against the party who is out of such posses
There are many irregularities occurring in tax proceedings, prior to the execution of the tax deed, which, if raised in time, will avoid the deed; but to hold that a failure to discover such irregularities would prevent the running of the statute, would be, in effect, the annulling of the statute; for
By the Court.-- The order of the circuit court is affirmed.