Easton v. Cranmer
South Dakota Supreme Court
Appeal from circuit court, Brown county; Hon. J. H. McCoy, Judge. Suit by C. F. Easton against Emma A. Cranmer. From a judgment in favor of defendant, granting insufficient relief, she appeals. The tax deed on its face recites a sale of the real estate at public auction. This renders the deed void.
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Appeal from circuit court, Brown county; Hon. J. H. McCoy, Judge. Suit by C. F. Easton against Emma A. Cranmer. From a judgment in favor of defendant, granting insufficient relief, she appeals. The tax deed on its face recites a sale of the real estate at public auction. This renders the deed void. Reckitt v. Knight, 92 N. W. 1077; Thompson v. Roberts, 92 N. W. 1079. A void tax deed can have no evidential force whatever, and defendant’s motion to strike it out should have been granted. O’Neill v. Tyler, 53 N. W. 434. Evidence of the payment of money into the county treasurer’s office cannot…
1Opinion of the CourtPuller, J.
At the trial of this action to quiet the title to certain improved real property in the city of Aberdeen, the tax deed upon which plaintiff relied was found to be void upon its face, and the defendant was adjudged to be the owner of the premises, subject to plaintiff’s lien for the just amount of taxes paid, which sum, with legal interest, was ascertained to be $556. Prom this portion of the judgment thus favorable to plaintiff the defendant has appealed, and, for a reversal, contends that the tax deed and certain tax receipts and certificates of tax sale were erroneously admitted in evidence…
2Cases cited6 opinions
- McNaughton v. EvertMichigan Supreme Court · 1898
- Bedtkey v. BedtkeySouth Dakota Supreme Court · 1902
- Clark v. DarlingtonSouth Dakota Supreme Court · 1899
- Fowler v. Iowa Land Co.South Dakota Supreme Court · 1904
- Bennett v. DarlingSouth Dakota Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McKinnon v. FullerSouth Dakota Supreme Court · 1914
- Higgs v. BigelowSouth Dakota Supreme Court · 1917
- Merager v. MadsonSouth Dakota Supreme Court · 1905