47 Wis. 513 | Wis. | 1879
It is apparent from the evidence that the respondent held the legal title to the premises in question as an heir-at-law of Charles K. Watkins, deceased, and that the tax titles of Thomas M. Knox inured to his benefit by being bought in by, and conveyed to, Caroline B. Watkins, the widow of said Charles, and one of the administrators of his estate, by the use of the moneys belonging to the estate.
The only remaining, question is of the validity of the tax deed of the appellant, which is based upon special assessments of benefits by the grading and improvement of streets in the city of Milwaukee. The learned circuit judge found, as a fact proved, “ that in making such assessments of benefits the said board of public works determined the amount of benefits by adding fifty per cent, to the cost of the work to be done in front of each lot and part of lot, as estimated by said city engineer, and adopted such cost as the measure of benefits, irrespective of the actual benefit to the lot.” It was not found, and does not clearly appear from the evidence, whether such a pretended assessment was made upon actual view of the premises or not; and it is not material whether it was so made or not, when it is so clearly and expressly found that the amounts of such assessments were determined arbitrarily, and upon a false and illegal basis, “ irrespective of the actual benefit to each lot.”
The finding of the court was sustained by the evidence.
By the Court. — The judgment of the circuit court is affirmed, with costs.