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'his a patent of frofu'the·'Unitoo., States to himself, dated April 16, 1856.:' iTbe susbtiri'hi's case'and sho'W titM ih hiDiself,'ihtlbducea! iBsu'ed;by the county of
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NoYerrlbErr9; anl'fireCdHi:ed' on day in the riffice of' the' f(j± fflB: ",ford"lcoutxty; deed of the land executed by said Peter ;]j&eblOn; the' grailtee in' 'the' tax' to hltri;''Mohs/Monson;' thb defdndajit, 1'2',<l'Se6:, an'a'lre"tlot'ded :g6i?teMbet27,18t>9;! »It 'appoors fiicJril theteStirlibny:t)f: son Itlta't,

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grtibbedsOfue::on'tlie yeaiiibniltta sefilfon mdveairi\vith his

intentidti of of ,. $ 14{}; fti' 'lune . possessl0n"'li'nder his

and paid thestim

(18M) land') broke'tl:tid lanai '«rill 'in! N-bfehlber :af 'the saine thet latid.,lahd'iii:OctotJer oltha next

that ''Sihee that'

has lived on the land with his family, and fenced it and built a barn and occupied it aij a farm until now, when the improvements are worth $700 or'$800; and that he has paid the taxes on the land during his oC<lupancy, and all the while ever since he first entered on the land claimed the exclusive title and right of possession under and by virtue of the tax deed to Elverson and Elverson's deed to him. The defendant testifies as follows: "1 bought the land of Peter Elverson in November, 1866. This is the deed. He gave me his tax deed at that time. I broke four acres in June, 1867. This was on both. 40's. I did grubbipgon the east 40. I hauled.logs that were cut off the land, to build a hOUSEl. I built a house first an,d then Itave im· between farming Am amanpffamily and live. on theland. Imoved on the land . ",-' in Qctober,1,868. Have liveq there .. , 1. ha,ve oecuthelan4 all the .time, faith had the land believing that I had good title to the I was withJhesurveyqr· and. helped him . I know .the.1inebetween the two The house is?p tPe,east40apd the barJil. westI40. n , : , jo. ou,s Jo }h,e ti¥1e .. 'on.. q.mtqlaSlU was wild,! va/:1s,JJ1i" and by the ;8ummons QD,Septeplber 28,18;77. .' . " ; various o)JjElctions. :to ,the qf thE! Firat., .That the ,,!it.nessi:o.,g is not .to Iltw in tpat the statute requires the wi to be in pf, n W herea.s in this dee4 "in presence of," "done:' thefprJ;nj left"ol1t. ;The statute requiremellt is that the i other equivalent is that the deed in this respect, th.ere being the requires; is. suffipient. Sec.ond. That is defective.. But upon inspection! find the acknowledgment very full and in proper
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(lOWLY Ill;

181

form. 'Third: The iamol1nt for '. which' the land'stmd ,gold, being $9.36, is ·too 'muoh;\'8,ndtheplaintiff's coufisel has made a calculation' to show, that the land 'was stild for 16 cents too much. Though this, if true, .might, avoid the .sale, if the defendant was relying on the deed: and tax proceedings alone, it is clear the defect does not appear on the face of the deed itself. The plaintiff's counsel insists that there are nineteen instanceain which the deed in evidence is defective as compared with the statute form; but, as I am unable to see much force in those defects which' have been pointed out, it may be fair to conclude that there is not much more in the other 16 that have not been specially noted,and to' which the attention of the court has not been called. I think the deed fair and valid on its face, and sufficient, pnmlli faoie, to convey a good title to the land. The plaintiff; ;furtheJ,"to ,defend against the defendant's claim, iff sworn 'as a Witness and. 'testifies that he paid'tHe tax ontha la:nd for tlieyeltl J869, for which· the salew8s'mad.e hich, the deed was: iSl!lued ; land" he introduc69J a burnt on W andmutilatedreeeipt, sighedbyi J. I.P. Perret Gentil,lconnty treasurer of 'Crawford -eountYI&nd ic6ntainirig a.description'of this land; with other; but 'no(:dB.te.! Abnut two..'lihirds,appa.r0( burned! away; 'but the ,plaintitff!!BwearS' it is the receipt for his taxes on 'Dhadefefiij..: alft,intl7odllced :witnesses wlioswear wi th J. p.. Parret GentH'Il' llaridwl'iting, s,nd' that' in their <!If)inion this iBnot his!genuihe iSignature. Plaintiff!s witl1esElafl testify they think it is evidence in regard to the payment oUqe't'axes:for:thitt'llartie,ularyear leaves the quastiondn some doubt'. But, fronli'tha'view I 'hate 1taken of the do not :find itnecessary;tb iMtarmine thatquestron; n is claimed by plaintiff'sconnselthat inasmuch as the Btatute mal{.es, the tax deed of no validity when the taxesha;vefbeen paid, there can be no adverse possession founded on a tax illegally issued';·and if none ontha ta.x deed, then deed none'omthe quitclaim to it is insisted' is only a release or conveyance of no more or greater'title than tbe grantee 'in the tax deed: had. ' But T cannot accede to' this

,the uuder>;wh,ich the defendant to: have 'held, fOll, ten yea.rs is as follows, (sectwn 4-211, Wis., Rev. St. 1878 ;): occupant p(tho.se'under: entertxi into the,pOf!ses8ion of any'premi8esander'dlaiIh of: ,title exclusive oJ any other right; :such I claim. 'upon: (some, written instrument as being a.t OQUV,&yiltnce of tha premises! in or upon the j udg. mentof' some,c.ompet6nt ,court,: and 'that there has been ra. .:6ntinued occupation llind possession of+tbe premis6s 'included or jlldgment, or .in< Some, part of such premlsEls;,undexsltchclaim' for ten 'years;,! tJiJ.epremisess9 included shall be deemed, to have.been 'beld adversely.

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",The corrolusiohI,have"cbme ,to is thaHhe defendant makes a case of adverse possession under the stM-ute.He has been in the actnal aoocontinuea, oocupancy, ltnd"lpossession of the land Jdr1ten, year,s, a.nd' upwai'ds, immediately, preceding the commencement <>f' the action" claimingiiitle' in en:tire good fuith under, the! .recorded'. tax :deed/and'bis conveyance from excluSive of any.othe'r righti.' It' is not atallneoossary that thes.e deeds '. of.' themselvessQould ,conrey a good and perfect title. Ifthat would be of.no effect woo tevex., Oolor ;of ,title is a: title> apparently good, iii' fae-tit, may bebe,d; :,,If the tax deed-and the couveyanne undetit delwrsthe record to defeat the .deed, then the'ten,yeal'8' oe,cil,l,pancy ,and utidel a,written instrilmentJ:Slilflioient .on its f8lce to 'carry a. good, titltli and which 1 may; be relie.dupon in ,good faith, as CQbveying a, title, is of"ilo' avail. ,,1 dQ not: see;.any room for doubt: thatthe"qlllitefuim!lieed<i-t:se1f, .ifreln.ed upon, as in this case, asooll¥eying a:gQod, titlej may good for colol1oUitlo artdaidv. rseposse8sion. Northrop v.dV-r.ight, 17,lIiIill,476:. It is &ufficieut <>n its face ,to convey argOPdr,fiitle,/8!lia, all the title that bya war,d.eedo,iirom .whie:h: ,it, :i0nly .6Jiffers:iIidha1J:thereareno odveUIliJits, !iti t H"j ,: ';I, (I')" " - " ; , , There as 'not a particle\of eVldenOe" 'ora circnmstance in

the case, to throw il.uYldoubt upontheiactua.l ,gobd,falthof 1 tbe i def&ndant in'· oocupying, lmpr'oving,a;nd tax6il on the, land .for over thirteen: yeare;:and I think'his'titll8 by adverse pOBsEl8siongPed. Finding,> "Judgment fOr the de· fendant." > ", 1;[:
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In re, DONNBLLtand

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2. SAME-JURISDIOTION-DEFECTIVE VERIFICATION:' j ,'The failure of 'a ndtary to'alb of a ,!WtitjQI}j::8lJd,.tbe pJ:()ofS of ,debtll!Of: ,case of :UP,t. court.-[ED. I I '" '. ;' " '," J) I . " , . tj: !':.
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set "aside :bankrttpte.)t ' ,:,1 'f 'il
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. Jvhn Schamp, for assig!1ee ,a.nd'Iietitbiooing NIXON, D.J. ,This iBlliuappiJica.tiontt> jlnd set aside ,the case for jurisdiction. " I "d I"i,; J 'i',' hfll f,;i,f;:': 'h' It appears..that H1Iigl'iosJ carrying on thebusirles8; of, btl toh.!rs ,iti' thi;l' nity.of,PJll.tersofi; New Jersey, Qn theleleventh 'day'of ITIiI;ti the:; petitioner, Willard'E.Du;dley I at ca.ttle, at the, price of ipayitlg £ot·,the, !SlLnill\:bi their. ohecks, .payaba,e somell daYBiafter:diate ;'?th;ltl!tha( bSit1 tIe were driven over'to the city! 'of :NeWi,York" tered, and; sold in after the ,pur.chils0\ to ;f0:v'3ueh 15rieesJ:8.$ {louId be obtlJoiried [otth>e(lmme ;,iihat :the! saridI 'Ul1icrW1Y./beiiE'g advised of these, proceedings' ibef(>tl:Ltfie tyJ1(5feeda J@f