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.
891.11 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.
891.28 Area of towns and counties.
891.29 Allegations of partnership.
891.31 Corporate existence.
891.32 Allegation as to executor, guardian, etc.
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.
891.455 Presumption of employment-connected disease; cancer.
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 W (2d) R6 (1973);
1993 a. 27,
486.
891.10
891.10
Village records. The papers, documents and orders relating to the organization and incorporation or the alteration of the boundaries of any village, being recorded in the office of the proper register of deeds pursuant to law, and such record and also the record thereof in the office of the village clerk shall be received as presumptive evidence of the facts therein stated.
891.11
891.11
County records as to taxation. 891.11(1)
(1) All books and files in the office of any county treasurer or county clerk, all assessments and tax rolls and certificates, all notices required to be published or posted by the county treasurer or county clerk, and the proofs of publication or posting filed in the office of either, pursuant to any law relating to the assessment or collection of taxes or to lands included in a tax certificate under
s. 74.57, shall be received as presumptive evidence of the facts therein stated.
891.11(2)
(2) A transcript of so much of said books, files and records, as relates to the assessment or sale for taxes of any parcel of land in any specified year or years shall be received in evidence with the same effect as the originals and as presumptive evidence of the facts stated in such certificate, when certified in substantially the following form:
I hereby certify that the annexed and foregoing is a true and correct transcript of all books, records, papers, files and proceedings of every name and nature on file or of record in my office relating in any wise to the assessment of taxes upon or to the sale for taxes of the following described lands .... situated in the county of ...., state of Wisconsin, for the year (or years) A.D. ...., and of the whole thereof. In testimony whereof I have hereunto set my hand this .... day of ...., A.D. .....
County Clerk (or Treasurer) of .... county.
891.11 History
History: 1987 a. 378.
891.12
891.12
Land office receipt. The receiver's receipt or certificate of purchase of public lands, signed by the receiver, and the official certificate of any register or receiver of the entry or purchase of any land or the location of any land by any land warrant shall be received, when held by the original claimant, or the original claimant's heirs or assigns, as presumptive evidence that the title to the lands therein described passed to and is vested in the person therein named, or the named person's heirs or assigns, except when, at the time of such entry or purchase, the land was owned or occupied by any person as mineral ground on which discoveries of mineral ores had been made.
891.12 History
History: 1993 a. 486.
891.14
891.14
State land office certification of title. A certificate of the executive secretary of the board of commissioners of public lands, or any one of the commissioners of the public lands shall be received as presumptive evidence of the facts stated, and that the person named became vested at the date stated with an absolute title in fee to the lands described when it is substantially in the following form:
Office of the Commissioners of the Public Lands, Madison, Wis., ...., A.D. .....
