Legal Opinion

Chauncey v. Wass

Supreme Court of Minnesota

Decided November 14, 1885PublishedCited by 25 opinions

Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, overruling a demurrer to the complaint, the allegations of which are in substance as follows: Prior to July 19, 1883, plaintiff was and still is the owner in fee of lot 49 on St. Louis avenue in Upper Duluth, which lot is and always has been vacant and unoccupied.

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Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, overruling a demurrer to the complaint, the allegations of which are in substance as follows: Prior to July 19, 1883, plaintiff was and still is the owner in fee of lot 49 on St. Louis avenue in Upper Duluth, which lot is and always has been vacant and unoccupied. On July 19, 1883, the auditor of St. Louis county, under his hand and official seal, made and delivered to one Wm. W. Billson a certificate of assignment from the state of its title and interest in the lot acquired at' the tax sale…

1Opinion of the Court

The following are the opinions filed November 14, 1885, after the first argument:

GilrillaN, C. J.

Defendant claims title to the land in controversy through a 'sale on September 19, 1881, under the tax judgment in proceedings that year to enforce the tax of 1880. The plaintiff claims that the judgment was void because the tax for 1880 was paid before its -rendition. Does the fact that a tax upon real estate has been paid render a subsequent judgment and sale for the tax void? is the only question in the case.

The filing of the delinquent list with the clerk of the court has “the force and effect…

2Cases cited1 opinion

  1. County of Chicago v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880

3Cited by25 opinions

  1. Winona & St. Peter Land Co. v. MinnesotaSupreme Court of the United States · 1895
  2. County of Redwood v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1889
  3. Robinette v. PriceSupreme Court of Minnesota · 1943
  4. Foster v. City of DuluthSupreme Court of Minnesota · 1913
  5. Leigh v. GreenNebraska Supreme Court · 1902

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