Bennett v. Darling
South Dakota Supreme Court
Appeal from circuit court, .Hughes county. Hon. Boring E. Garry, Judge. Action by Cassius C. Bennett against Charles W. Darling and others to quiet a tax title. From a judgment in favor of plaintiff, certain defendants appeal. The facts are stated in the opinion. All essential steps leading up to a valid tax must be alleged and proven by the party seeking to enforce the.tax. Comp.
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Appeal from circuit court, .Hughes county. Hon. Boring E. Garry, Judge. Action by Cassius C. Bennett against Charles W. Darling and others to quiet a tax title. From a judgment in favor of plaintiff, certain defendants appeal. The facts are stated in the opinion. All essential steps leading up to a valid tax must be alleged and proven by the party seeking to enforce the.tax. Comp. Laws, Sec. 1643; O’Neil v. Tyler, 3 N. Dak. 47, 61; Swenson v. Greenland, 4 N. Dak. 532; Salmer v. Lathrop, 10 S. D. 216, 227. The tax deed is void on its face, because it embraces several distinct lots, purporting…
1Opinion of the CourtFuller, P. J.
That the amended complaint in this action to *4quiet the title and determine adverse claims to numerous lots in the city of Pierre does not state facts sufficient to constitute a cause of action is the first point urged on appeal by the defendants Darling and Kilner from a judgment granting plaintiff the relief prayed for. This complaint in' which the separate and distinct lots are fully described, states that plaintiff is the owner thereof, and in possession under a tax deed duly executed according to the requirements of the statute; and all the essential preliminary steps pertaining to a…
2Cases cited3 opinions
- Towle v. HoltNebraska Supreme Court · 1883
- Clark v. DarlingtonSouth Dakota Supreme Court · 1899
- Ingwaldson v. OlsonSupreme Court of Minnesota · 1900
3Cited by6 opinions
- Sexton v. SutherlandNorth Dakota Supreme Court · 1917
- Overstreet v. Levee District No. 1Supreme Court of Arkansas · 1906
- Cornelius v. FergusonSouth Dakota Supreme Court · 1902
- Cornelius v. FergusonSouth Dakota Supreme Court · 1903
- Easton v. CranmerSouth Dakota Supreme Court · 1905
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