27 Wis. 168 | Wis. | 1870
Aside from the tax deeds to Pixley and McCarthy, under which the defendant attempted to show title in herself, the source of the title and the claim of both parties is the same. Hatheway, or Swain, who held under him, was the common source. Hatheway’s title was founded on the sheriff’s deed and the two tax deeds of 1847 and 1848. Swain’s title was the same. Swain executed the bond to sell and
The first question is upon the rejection of the evidence of title offered by the defendant under the tax deeds to Pixley and McCarthy,
The other question is as to the effect of the pen-dency of the suit in equity by the present defendant against the present plaintiff and Maurice Quinn. Such pendency is obviously no bar to this action. The remedy of the defendant, as decided by this court in Wilson v. Jarvis, 19 Wis. 601, was to have answered
By the Court. — Judgment affirmed.