Legal Opinion

Byers v. Minnesota Commercial Loan Co.

Supreme Court of Minnesota

Decided June 21, 1912No. Nos. 17,541—(149)PublishedCited by 8 opinions

Action in the district court for Hennepin county to determine adverse claims to certain vacant and unoccupied real estate. The case was tried before Hale, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff, and found that defendant had no interest in or lien upon the premises. From that part of the judgment entered pursuant to the order which adjudged that defendant had no lien upon the premises, it appealed.

1Opinion of the CourtBunn, J.

Action to determine adverse claims to lots in Minneapolis. The complaint alleged that plaintiff was the owner in fee, and that defendant claimed an interest or lien by virtue of certificates of tax sale for the taxes of 1892, on which defendant undertook to serve notices of expiration of redemption, which were, however, void because the amount of unpaid and delinquent taxes was not stated. It was alleged that more than six years had elapsed since the tax sales, and that no notices except those referred to had been served.

The answer denied plaintiff’s ownership of the lots, and alleged title…

2Cases cited5 opinions

  1. State ex rel. National Bond & Security Co. v. KrahmerSupreme Court of Minnesota · 1908
  2. Barber v. EvansSupreme Court of Minnesota · 1880
  3. Jenks v. HenningsenSupreme Court of Minnesota · 1907
  4. Otis v. City of St. PaulSupreme Court of Minnesota · 1907
  5. Robert P. Lewis Co. v. KnowltonSupreme Court of Minnesota · 1901

3Cited by8 opinions

  1. Gould v. City of St. PaulSupreme Court of Minnesota · 1913
  2. Brewer v. Folsom Bros. Co.Wyoming Supreme Court · 1931
  3. Downing v. LucySupreme Court of Minnesota · 1913
  4. Culligan v. Cosmopolitan Co.Supreme Court of Minnesota · 1914
  5. Schoonmaker v. St. Paul Title & Trust Co.Supreme Court of Minnesota · 1922

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