Johnson v. Stewart
Ohio Supreme Court
Motion for leave to file a petition in error to the District ‘Court of Yan Wert county. This was an action by Stewart against Johnson, to quiet .Johnson’s title to land. The only defense set up by Johnson was that he held a lien upon the premises for taxes paid ¡by him as purchaser, at an invalid or void sale of the land ¡for taxes.
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Motion for leave to file a petition in error to the District ‘Court of Yan Wert county. This was an action by Stewart against Johnson, to quiet .Johnson’s title to land. The only defense set up by Johnson was that he held a lien upon the premises for taxes paid ¡by him as purchaser, at an invalid or void sale of the land ¡for taxes. The court allowed the defendant a lien for the amount so paid, with interest from the date of payment, but allowed no penalty, and it is now claimed that the court should have allowed a penalty of fifty per cent, on .the amount paid, and that its refusal to do so…
1Opinion of the Court
By the Court.
"We think the court was right. We know of no law that compels the owner to pay a penalty on taxes paid upon a void or invalid tax sale.
Motion overruled.
2Cited by5 opinions
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- Chapman v. SollarsOhio Supreme Court · 1882
- Heffern v. HackOhio Supreme Court · 1901
- Metcalf v. Davies Screw Co.U.S. Circuit Court for the District of Southern Ohio · 1878
- Younglove v. HackmanOhio Supreme Court · 1885