Bardon v. Land & River Improvement Company

This was a bill in equity, filed, under section 3186 of the Revised Statutes of the state of Wisconsin, by the Land & River Improvement Company, a corporation of New Jersey, against Thomas Bardon, a citizen of the state of Wisconsin, in the circuit court of the United States for the Western district of Wisconsin, to have certain conveyances declared void, and to quiet the title to ths S. E. 1/4 of section 28, township 49 N., range 14 W., in Douglas county, Wis.

The section in question is as follows:

'Sec. 3186. Any person having the possession and legal title to land may institute an action against any other person setting up a claim thereto, and if the plaintiff shall be able to substantiate his title to such land, the defendant shall be adjudged to release to the plaintiff all claim thereto, and to pay the costs of such action, unless the defendant shall, by answer, disclaim all title to such land, and give a release thereof to the plaintiff in which case he shall recover costs, unless the court shall otherwise order. It shall be sufficient to aver in the complaint in such action the nature and extent of the plaintiff's estate in such land, describing it as accurately as may be, and that he is in possession thereof, and that the defendant makes some claim thereto, and to demand judgment that the plaintiff's claim be established against any claim of the defendant, and that he be forever barred against having or claiming any right or title to the land, adverse to the plaintiff; and the defendant, if he do not so disclaim and release, may answer any matter in denial of the plaintiff's claim, title, or possession, or which, if proved, will establish his own, and judgment shall be rendered according to the rights of the parties. And any person not having such title or possession, but being the owner and holder of any lien or incumbrance on land, shall also have the same right of action as the owner in fee in possession, to test the legality and validity of any other claim, lien or incumbrance on such land or any part thereof.'

Complainant purchased the land of one Hiram Hayes, and paid him therefor $6,400, June 2, 1883, and took a warranty deed of conveyance and had paid the taxes since that time, and expended on the land up to 1890, including the taxes of 1889, something over $12,500. Hayes derived title through two tax deeds issued to him, one dated September 5, 1870, for the taxes of 1866, recorded September 7, 1870; and the other issued January 1, 1882, for the taxes of 1877, and recorded January 3, 1882. The original owner of the land was one James D. Ray, who conveyed it to James Bardon by release or quitclaim on March 6, 1878; and James Bardon subsequently conveyed it to Thomas Bardon, the defendant, for a nominal consideration. James Bardon testifies that he paid Ray for his quitclaim deed $100, 'and perhaps more,' and conveyed his interest to Thomas without money consideration. The case turned upon the validity of these tax deeds or either of them; and the circuit court held that the deed dated September 5, 1870, was valid; that the statute of limitations had run upon it; that the original owner was barred; and that complainant's title was good. A decree was accordingly entered for complainant, to review which this appeal is prosecuted. The opinion of the circuit court will be found in 45 Fed. 706.

W. C. Silverthorn, M. A. Hurley, and T. C. Ryan, for appellant.

John C. Spooner and A. L. Sanborn, for appellee.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.