Pettit v. Black
Nebraska Supreme Court
Appeal from Cass county. I. The authority for the treasurer to sell plaintiff’s real estate for these years, and these whole proceedings, if we are correct in our conclusions, must be based on the sale of 1871, made in September, 1872. Now what are the facts as disclosed by the testimony of the case ? Briefly recapitulated they are: 1. There is no assessment for the year 1871, and consequently no power to levy a tax. 2. There never was any attempt made by the treasurer to…
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Appeal from Cass county. I. The authority for the treasurer to sell plaintiff’s real estate for these years, and these whole proceedings, if we are correct in our conclusions, must be based on the sale of 1871, made in September, 1872. Now what are the facts as disclosed by the testimony of the case ? Briefly recapitulated they are: 1. There is no assessment for the year 1871, and consequently no power to levy a tax. 2. There never was any attempt made by the treasurer to collect from the personal property of plaintiff for any of these delinquent taxes, although this real estate was placed…
1Opinion of the CourtCobb, J.
H. H. Pettit sued John Black in tbe district court of Cass county in an action quia timet for tbe purpose of clearing off and having declared void certain tax deeds made by tbe treasurer of Cass county to tbe said John Black, conveying to him certain real estate of tbe said plaintiff, situate in Cass county. Plaintiff in bis petition sets up tbe title and possession of tbe lands in himself; charges fraud and confederation against tbe defendant, tbe county treasurer, and others in tbe sale and conveyance of tbe lairds; charges that tbe said sale and conveyance were void on account of certain…
2Cases cited1 opinion
- Johnson v. HahnNebraska Supreme Court · 1875
3Cited by21 opinions
- McCormick v. EdwardsTexas Supreme Court · 1887
- Pettit v. BlackNebraska Supreme Court · 1882
- Grant v. BartholomewNebraska Supreme Court · 1899
- Adams v. OsgoodNebraska Supreme Court · 1894
- Miller v. HurfordNebraska Supreme Court · 1882
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