Legal Opinion

State ex rel. Miller v. Bruce

Supreme Court of Minnesota

Decided July 14, 1892PublishedCited by 4 opinions

Appeal by Charles S. Bruce, as County Auditor of the county of Bock, State of Minnesota, from an order of the District Court of Bock County, Gadwell, J., made October 28, 1891, denying his motion to quash the alternative writ of mandamus. The relator, O. P. Miller, on September 20, 1880, purchased certain school lands at a sale of the same for delinquent taxes.

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Appeal by Charles S. Bruce, as County Auditor of the county of Bock, State of Minnesota, from an order of the District Court of Bock County, Gadwell, J., made October 28, 1891, denying his motion to quash the alternative writ of mandamus. The relator, O. P. Miller, on September 20, 1880, purchased certain school lands at a sale of the same for delinquent taxes. On June 1st of each of the succeeding years, he paid the taxes about to become delinquent on the lands, amounting in the aggregate to the sum of $963.17. The original owners of the state certificates for the school lands (1878 Gf. S.…

1Opinion of the CourtCollins, J.

On September 20,1880, this relator became the purchaser of certain “school lands,” so called, at a sale of the same for delinquent taxes, thereby acquiring, (1878 G. S. ch. 38, § 21,) in case no redemption was made, the rights and interests of the parties who had previously obtained state certificates, in the manner prescribed in sections 7 and 8 of said chapter. On the 1st day of June of each of the three succeeding years he paid the taxes about to become delinquent on the lands, taking the usual receipts from the county treasurer; thus paying the taxes for the years 1880, 1881, and 1882.…

2Cases cited5 opinions

  1. State ex rel. Wheeler v. FoleySupreme Court of Minnesota · 1883
  2. Guilder v. Town of OtsegoSupreme Court of Minnesota · 1873
  3. State ex rel. Smith v. CronkhiteSupreme Court of Minnesota · 1881
  4. Coles v. County of WashingtonSupreme Court of Minnesota · 1886
  5. Schoonover v. GalarnaultSupreme Court of Minnesota · 1891

3Cited by4 opinions

  1. Calderwood v. Jos. Schlitz Brewing Co.Supreme Court of Minnesota · 1909
  2. City of Minneapolis v. JanneySupreme Court of Minnesota · 1902
  3. Wetherby v. WeaverSupreme Court of Minnesota · 1892
  4. State Dept. of Rural Credit v. County of WashingtonSupreme Court of Minnesota · 1940

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