Paine v. Libby

Wisconsin Supreme Court

Paine v. Libby

21 Wis. 425

DecidedJanuary 15, 1867

StatusPublished

This text of 21 Wis. 425 (Paine v. Libby) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Paine v. Libby, 21 Wis. 425 (Wis. 1867).

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Opinion

Downer, J.

The logs in dispute in this action were cut by Nathan Paine, in his life time, on lands he claimed to own by virtue of two tax deeds, regular on their face, and which are [427]*427made by law prima facie evidence of title. The facts proved however are sufficient to avoid the deeds. This is admitted, or not seriously contested. But it is claimed that one in possession of land under tax deeds prima facie valid, who cuts timber thereon and removes it from the land, thereby acquires title to such timber. We know of no rule or principle of law to that effect.

By the Court. — Judgment affirmed.

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Downer, J.

The logs in dispute in this action were cut by Nathan Paine, in his life time, on lands he claimed to own by virtue of two tax deeds, regular on their face, and which are [427]*427made by law prima facie evidence of title. The facts proved however are sufficient to avoid the deeds. This is admitted, or not seriously contested. But it is claimed that one in possession of land under tax deeds prima facie valid, who cuts timber thereon and removes it from the land, thereby acquires title to such timber. We know of no rule or principle of law to that effect.

By the Court. — Judgment affirmed.

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Bluebook (online)

21 Wis. 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paine-v-libby-wis-1867.