26 Wis. 215 | Wis. | 1870
The complaint states a good cause of action under ch. 22, Laws of 1859, in pursuance of which the action is instituted. It contains every allegation, matter and thing required by section 37; and that is sufficient. It shows that the appellant is a proper party defendant under the provisions of section 35, as one of the heirs-at-law of William Rhodes, deceased, who owned the land at the time of the tax sale. The complaint being thus sufficient under the statute, the question is raised whether it is not rendered multifarious-or double, and therefore demurrable, by reason of the other matters contained in it, namely, the allegations respecting the tax deed for the taxes of 1857, and the title claimed under it. If that deed could, under the circumstances, have any force whatever as against the deed to the plaintiff Mrs. Truesdell, or if it could in any manner affect her title by virtue of her deed, there might be something in the objection ; but as it is, we think it wholly untenable. The deed to Mrs. Truesdell was for the taxes of 1858, one year later, which, it is well settled, cuts off all prior titles. 19 Wis. 74; 22 Wis. 225. In setting forth, therefore, the deed for the taxes of 1857, the
Another ground of demurrer is, that there is a defect of parties defendant. There may be an excess, but certainly no defect. James Ozanne, Jr., may be one defendant too many; but that the demurrer does not reach. It is given by law only for a defect, and not for an excess. The complaint states no cause of action against him; but for that he must demur, or ask to be dismissed, and not his co-defendants. In support of
By the Court. — Order affirmed.