Pfefferle v. Wieland
Supreme Court of Minnesota
A former appeal in this case is reported in 55 Minn. 202, 5G N. W. 824. After the decision of that appeal, amended findings were filed in the district court of Brown county, Webber, J., that plaintiff was the owner in fee simple of both parcels of land occupied by defendant, subject to a lien upon one parcel of $14.42, for taxes thereon paid by the intervenor Henry Mueller, and subject to a lien upon the other parcel of $182.98, for taxes thereon paid by the intervenor…
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A former appeal in this case is reported in 55 Minn. 202, 5G N. W. 824. After the decision of that appeal, amended findings were filed in the district court of Brown county, Webber, J., that plaintiff was the owner in fee simple of both parcels of land occupied by defendant, subject to a lien upon one parcel of $14.42, for taxes thereon paid by the intervenor Henry Mueller, and subject to a lien upon the other parcel of $182.98, for taxes thereon paid by the intervenor Martin Mueller; that upon payment into court of said sums, with interest, plaintiff was entitled to recover possession of the…
1Opinion of the CourtBuck, J.
The only question involved in this appeal is this: Is a person holding vacant and unoccupied land for a number of years under a tax title, and who in good faith, and before actual entry upon and occupancy of the land, paid the taxes that were duly levied and assessed thereon from year to year, entitled to a lien, under the occupying claimant’s act, for the taxes so paid, as against the owner of the paramount title, in an action of ejectment brought by him against the holder of the tax title after the latter went into peaceful possession of the premises? We are of the opinion that this…
2Cases cited2 opinions
- Wheeler v. MerrimanSupreme Court of Minnesota · 1883
- McLellan v. OmodtSupreme Court of Minnesota · 1887