CHAPTER 891
PRESUMPTIONS
891.03   Lists of state lands.
891.04   Certificate as to public lands.
891.05   Land patents by state officers.
891.06   Deed on judicial sale.
891.07   Certificate of judicial sale.
891.08   Records showing revenue stamps.
891.09   Record of births, stillbirths, fetal deaths, deaths and marriages.
891.10   Village records.
891.11   County records as to taxation.
891.12   Land office receipt.
891.14   State land office certification of title.
891.16   Certificate of land transfers.
891.17   Certificate of adjutant general.
891.18   Affidavits of service.
891.20   Articles of incorporation, presumptions.
891.21   Affidavit of notice of corporate meeting.
891.22   Certificate of insurance assessment.
891.23   Copies of insurance books.
891.24   Evidence from financial institution books.
891.25   Presumptions as to signatures.
891.27   Effect of seal.
891.28   Area of towns and counties.
891.29   Allegations of partnership.
891.30   Joint liability.
891.31   Corporate existence.
891.32   Allegation as to representative capacity.
891.33   Proof of malice in slander and libel.
891.34   Presumption as to citizenship.
891.345   Establishment of citizenship.
891.35   Execution of official bond.
891.36   Evidence of title to realty.
891.37   Presumption as to officer's return.
891.38   Officer's certificate as evidence.
891.39   Presumption as to whether a child is marital or nonmarital; self-crimination; birth certificates.
891.395   Presumption as to time of conception.
891.40   Artificial insemination.
891.405   Presumption of paternity based on acknowledgment.
891.41   Presumption of paternity based on marriage of the parties.
891.43   Relief from destruction of public records.
891.44   Presumption of lack of contributory negligence for infant minor.
891.45   Presumption of employment-connected disease; heart or respiratory impairment or disease.
891.453   Presumption of employment-connected disease; infectious disease.
891.455   Presumption of employment-connected disease; cancer.
891.46   Mailed service.
891.03 891.03 Lists of state lands. All statements or lists of lands which shall have been certified by the president of the United States, or by any other officer of the government thereof, as conveyed to the state under or by any act of congress, being produced by the proper custodians thereof, shall be received in all cases as presumptive evidence that the title of the lands therein described became thereby vested in the state.
891.04 891.04 Certificate as to public lands. The certificate of the executive secretary appointed under s. 24.55 under the official seal, that any specified piece or tract of land belongs to or is mortgaged to the state, or that the state has any interest, legal or equitable, in that land shall be presumptive evidence of the facts so stated. The certificate of the secretary of natural resources under the official seal of the department that authority has been given to any person, naming the person, to seize timber or other materials specified in ch. 26 shall be presumptive evidence of the fact so stated.
891.05 891.05 Land patents by state officers. Every patent which shall have been executed and delivered by the commissioners of school and university lands or by the commissioners of public lands, purporting to convey any land, and every deed or patent which shall have been executed and delivered by the governor, purporting to convey any lands granted to the state by the United States, shall be received as presumptive evidence of the facts therein stated and that the grantee named therein became vested thereby at the date thereof with an absolute title in fee to the lands therein described.
891.06 891.06 Deed on judicial sale. Every conveyance of land or any estate or interest therein executed by any sheriff, referee, receiver or other person, in pursuance of a sale made by virtue of any judgment, order, license or execution of any court of record in this state, and which shall have been recorded in the proper county, as well as such record, shall be received, as presumptive evidence of the facts therein stated and that the title, estate or interest in the land therein described, which such conveyance purports to convey, of every person whom it purports to affect passed to and vested in the grantee therein at the date thereof or at such previous date as such conveyance purports to fix for that purpose.
891.07 891.07 Certificate of judicial sale. Every certificate of sale of land or any estate or interest therein executed by any sheriff, referee, receiver or other person, in pursuance of a sale made by virtue of any judgment, order, license or execution of any court of record in this state, and the record thereof, shall be received as presumptive evidence of the facts therein stated.
891.08 891.08 Records showing revenue stamps. Whenever the record, in the office of a register of deeds, of any conveyance or of any instrument whatever, upon which revenue stamps may have been at any time required to be affixed by any act of congress, shall show such stamps or any of them, more or less, to have been affixed, it shall be presumptive evidence that such conveyance or instrument had properly affixed to it the number and denomination of stamps required by law.
891.09 891.09 Record of births, stillbirths, fetal deaths, deaths and marriages.
891.09(1) (1)Records as evidence. The record of any marriage, birth, stillbirth, fetal death or death kept in the office of any register of deeds or local health officer of a local health department, as defined in s. 250.01 (4) (a) 2. or 3. or (b), or in the state bureau of vital statistics shall be received as presumptive evidence of the marriage, birth, stillbirth, fetal death or death so recorded.
891.09(2) (2)Church and doctor's records. Any church, parish or baptismal record, and any record of a physician or a person authorized to solemnize marriages, in which record are preserved the facts relating to any birth, stillbirth, fetal death, marriage or death, including the names of the persons, dates, places and other material facts, may be admitted as prima facie evidence of any fact aforesaid. But such record must be produced by its proper custodian and be supported by the custodian's oath that it is such a record as it purports to be and is genuine to the best of the custodian's knowledge and belief.
891.09(3) (3)Certificates of foreign births, etc. Official certificates of births, marriages or deaths, issued in foreign countries in which such births, marriages or deaths have occurred, purporting to be founded on books of record, properly authenticated, shall be received as presumptive evidence of the facts in such certificates stated.
891.09 History History: Sup. Ct. Order, 59 Wis. 2d R6 (1973); 1993 a. 27, 486.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 6 and all Supreme Court and Controlled Substances Board Orders effective on or before May 15, 2017. Published and certified under s. 35.18. Changes effective after May 15, 2017 are designated by NOTES. (Published 5-15-17)