Legal Opinion

Little v. Herndon

Supreme Court of the United States

Decided April 30, 1870PublishedCited by 18 opinions

JJrror to the Circuit Court-for the Northern District of Illinois, the ease being thus-: , . A statute of-Illinois, on the subject of sales of land for taxes, passed 21st February, 1861, makes this enactment: “ All deeds hereafter made by the proper officer m pursuance of sales of real estate for the non-payment of taxes shall be held to 'be null and void,-if it be shown that said taxes had been paid before the sale, or that said real estate was pot subject to taxation, or…

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JJrror to the Circuit Court-for the Northern District of Illinois, the ease being thus-: , . A statute of-Illinois, on the subject of sales of land for taxes, passed 21st February, 1861, makes this enactment: “ All deeds hereafter made by the proper officer m pursuance of sales of real estate for the non-payment of taxes shall be held to 'be null and void,-if it be shown that said taxes had been paid before the sale, or that said real estate was pot subject to taxation, or that it had been redeemed from said sale, or if notice required by the constitution .was not' given, or that the…

1Opinion of the CourtJustice Nelson

The principal question is, whether there is anything in the act of February 21st, 1861, indicating an intention, on the part of the legislature, to change the course of decision which the courts of Illinois had made, on the subject of a tax deed, made without evidence of a preceding judgment, and to give validity and effect to the naked deed of the officer ?

The argument in favor of the construction of the statute which the plaintiff in error would establish is placed upon the introductory words of the act: “All deeds hereafter made by the proper officer in pursuance of sales of real estate…

2Cited by18 opinions

  1. Hanrick v. PatrickSupreme Court of the United States · 1886
  2. Rankin v. TygardCourt of Appeals for the Eighth Circuit · 1912
  3. Dorsey v. ConradNebraska Supreme Court · 1896
  4. Wicker v. . JonesSupreme Court of North Carolina · 1912
  5. Ex parte PerkinsU.S. Circuit Court for the District of Indiana · 1887

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