State ex rel. Babcock v. County of Chisago
Supreme Court of Minnesota
Information for a writ of mandamus from the district court for Chisago county to compel defendant county and its auditor to refund certain taxes to the holder of a void tax certificate bought at the tax sale in 1881, and subsequent 'taxes paid in the years 1881 to 1887 inclusive, and for the years 1892 to 1906 inclusive. An alternative writ was granted. The matter was heard before Stolberg', J., who made findings of fact and as conclusion of law quashed the writ.
Read the full summary
Information for a writ of mandamus from the district court for Chisago county to compel defendant county and its auditor to refund certain taxes to the holder of a void tax certificate bought at the tax sale in 1881, and subsequent 'taxes paid in the years 1881 to 1887 inclusive, and for the years 1892 to 1906 inclusive. An alternative writ was granted. The matter was heard before Stolberg', J., who made findings of fact and as conclusion of law quashed the writ. From an order denying relator’s motion for a new trial, he appealed.
1Opinion of the CourtSimpson, J.
This is a proceeding to compel refundment of taxes paid by the holder of a void tax title. An alternative writ of mandamus issued herein was quashed, and the relator appeals from the order of the trial court denying his motion for a new trial.
In Babcock v. Johnson, 108 Minn. 217, 121 N. W. 909, it was held that a certificate of sale issued pursuant to chapter 135, p. 176, Laws 1881, at a forfeited tax sale in September, 1881, to one Wolf, was void. The relator had succeeded to the title and interest of Wolf. After the entry of judgment in Babcock v. Johnson, the relator applied to the county…
2Cases cited10 opinions
- State ex rel. Currie v. WeldSupreme Court of Minnesota · 1888
- State ex rel. Wheeler v. FoleySupreme Court of Minnesota · 1883
- German-American Bank v. WhiteSupreme Court of Minnesota · 1888
- Gray v. City of St. PaulSupreme Court of Minnesota · 1908
- Corbin v. MorrowSupreme Court of Minnesota · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. McGill v. CookSupreme Court of Minnesota · 1912
- Mayor of Baltimore v. FugetCourt of Appeals of Maryland · 1933
- City of Burlington v. Burlington Traction Co.Supreme Court of Vermont · 1924
- Blakeley v. L. M. Mann Land Co.Supreme Court of Minnesota · 1922
- Kreigh v. State Bank of AlamogordoNew Mexico Supreme Court · 1933
5 more not listed; retrieve them via the Exa API.