19 Wis. 397 | Wis. | 1865
By the Court,
The printed case is very imperfect, and in some particulars wholly unintelligible. For instance in the eighth folio it appears that a deed was offered and received in evidence, but who was the grantor, and who the grantee, is not stated. We are able, however, by the assistance of counsel, to deduce and decide the following questions :
1st. We think the defendant established title to the south half of lot 7, through the tax deed of April, 1848, from the Territory of Wisconsin to Lyman Doud. Doud conveyed to Yalodine, and Yalodine to the defendant. The only objection urged to the tax deed is, that the lot is so defectively described that no title passed. The description is “ Lot 7, Bl. 17, on the survey plat of Washington City now called Port Washington.” The name of the village according to the recorded plat is “ Wisconsin City.” It was proved, however, that it was familiarly known and recognized by citizens and conveyancers as “ Washington City” or “Port Washington.” This, in our opinion, was sufficient to identify the lot and sustain the conveyance.
2d. We think the defendant failed to establish title to lot 11. His claim of title to that lot comes through the proceedings in partition. These proceedings were inoperative for two reasons. First, the affidavit as to unknown owners was insufficient ; and second, the publication of notice to absentees and parties unknown was not such as the statute required. The statute of 1839, p. 188, requiring an affidavit that there are parties in interest whose names are unknown, before they can be proceeded against as unknown owners, is in substance the same as the statute of 1849. There were seven petitioners or parties plaintiff in the proceeding, and the affidavit should have been made by all of them. Kane v. Rock River Canal Co., 15 Wis., 179. The notice was defective in not having been
Judgment reversed, and a new trial awarded.