Tillotson v. Small
Nebraska Supreme Court
Error to the district court for Nuckolls comity. Tried below before Weaver, J. The purchaser, by his deed, acquires all the right, title, interest, and claim of the former owner, and of the state and county, in and to the land, and the lien of the taxes previously assessed thereon, being included within these terms, is divested. It merges in the title conveyed to the purchaser.
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Error to the district court for Nuckolls comity. Tried below before Weaver, J. The purchaser, by his deed, acquires all the right, title, interest, and claim of the former owner, and of the state and county, in and to the land, and the lien of the taxes previously assessed thereon, being included within these terms, is divested. It merges in the title conveyed to the purchaser. And the sale of said lands to the county of Nuckolls for unpaid delinquent taxes, prior to that for which the said lands were sold and tax deed issued therefor to plaintiff’s grantors, was null and void. Such previous…
1Opinion of the Court
By the Court.
This is an action to quiet title. A demurrer to the petition was sustained in the court below, and the action dismissed. The plaintiff brings the cause to this court by petition in error.
It appears from the petition that on the twentieth of September, 1876, certain real estate in Nuckolls county, described in the petition, was sold to the plaintiff at private sale for the taxes due thereon for 1875, there being at that time taxes due and delinquent on said lands for the years 1872, 1873, and 1874. At the expiration of two years from the date of sale the plaintiff applied for and…
2Cases cited1 opinion
- State ex rel. Whiffin v. HelmerNebraska Supreme Court · 1880
3Cited by4 opinions
- Adams v. OsgoodNebraska Supreme Court · 1894
- Medland v. ConnellNebraska Supreme Court · 1898
- Wilson v. ReedySupreme Court of Minnesota · 1884
- Barker v. HumeNebraska Supreme Court · 1909