Power v. Larabee
North Dakota Supreme Court
P PE AL from district Roderick Rose, Judge. court, Barnes county; Hon. Action to quiet title. Judgment for defendant. Plaintiff appeals. The tax sale and tax deed being confessedly void, there is no presumption of the regularity of any anterior proceeding. A tax deed loses its character as evidence when it is shown that in any essential particular the proceedings on which it depends were irregular. Lacy v. Davis, 4 Mich. 140-157; Case v. Dean, 16 Mich. 12, 84, 87; Ambergv.
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P PE AL from district Roderick Rose, Judge. court, Barnes county; Hon. Action to quiet title. Judgment for defendant. Plaintiff appeals. The tax sale and tax deed being confessedly void, there is no presumption of the regularity of any anterior proceeding. A tax deed loses its character as evidence when it is shown that in any essential particular the proceedings on which it depends were irregular. Lacy v. Davis, 4 Mich. 140-157; Case v. Dean, 16 Mich. 12, 84, 87; Ambergv. Rogers, 9 Mich. 332; Grosbeck v. Sealy, 13 Mich. 414; Rayburn v. Kuhl, 10 Iowa 92; Cooper v. Shepardson, 51 Cal. 299;…
1Opinion of the Court
The opinion of the court was delivered by
Wallin, J.
This is an action to quiet title, brought under § 5449, Comp. Laws. The complaint alleges in effect that the plaintiff is the owner in fee-simple of certain lands described in complaint, situated in the County of Barnes; that defendant claims an interest in the land adverse to plaintiff, and asks that such adverse claim of the defendant be determined and adjudged to be void. The defendant’s answer denies plaintiff’s ownership and alleges ownership in himself, and as an affirmative defense states in substance that on the 3d day of October,…
2Cases cited12 opinions
- Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
- Barber v. EvansSupreme Court of Minnesota · 1880
- Keith v. HaydenSupreme Court of Minnesota · 1879
- Philleo v. HilesWisconsin Supreme Court · 1877
- People v. MahoneyCalifornia Supreme Court · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
- O'Neil v. TylerNorth Dakota Supreme Court · 1892
- Washington Timber & Loan Co. v. SmithWashington Supreme Court · 1904
33 more not listed; retrieve them via the Exa API.