Lobban v. State ex rel. Carpenter
Wyoming Supreme Court
Ekeoe to the District Court, Sheridan County, ITon. Joseph L. Stotts, Judge. Mandamus in the name o£ the State, on the relation of Mary L. Carpenter and Francis Bacon, against J. M. Lobban as treasurer and ex-officio collector of taxes of Sheridan County, to compel said treasurer to issue and deliver to the relators a tax receipt in full for all taxes due upon certain lands. The facts are stated in the opinion. Mandamus in this case does not lie.
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Ekeoe to the District Court, Sheridan County, ITon. Joseph L. Stotts, Judge. Mandamus in the name o£ the State, on the relation of Mary L. Carpenter and Francis Bacon, against J. M. Lobban as treasurer and ex-officio collector of taxes of Sheridan County, to compel said treasurer to issue and deliver to the relators a tax receipt in full for all taxes due upon certain lands. The facts are stated in the opinion. Mandamus in this case does not lie. The taxes were a lien upon the land at the time of the foreclosure of the mortgage, and the priority of liens might have been doter mined- in an…
1Opinion of the Court
Potter, Chief Justice.
In February, 1890, James H. Hopkins, then the owner of certain land in Sheridan County, executed two mortgages, covering separate tracts thereof, to Alfred T. Bacon, for §3,000 each. At a sale, upon foreclosure by advertisement of the mortgages in April, 1897, the rela-tors became the purchasers of the lands for an amount less than the sum due upon the mortgages. Until such sale said Hopkins remained the owner of the lands, subject to the said mortgages.
During the years 1895 and 1896, said Hopkins was also the owner of a large amount of personal property, located in the…
2Cases cited11 opinions
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- Perry v. WashburnCalifornia Supreme Court · 1862
- Bibbins v. W. W. Clark & Co.Supreme Court of Iowa · 1894
- State ex rel. McCardy v. NelsonSupreme Court of Minnesota · 1889
- Johnstone v. ScottMichigan Supreme Court · 1863
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3Cited by13 opinions
- Board of Com'rs of Sweetwater County, Wyo. v. BernardinCourt of Appeals for the Tenth Circuit · 1934
- Scottish American Mortgage Co. v. Minidoka CountyIdaho Supreme Court · 1928
- Ricketts v. CrewdsonWyoming Supreme Court · 1905
- Union Cent. Life Ins. Co. v. BlackUtah Supreme Court · 1926
- Walker v. Nogales Building & Loan Ass'nArizona Supreme Court · 1925
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