Blakemore v. Roberts
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Robert B. Blakemoré and others against Matilda M.. ■ Roberts. Judgment for plaintiffs, and defendant appeals. Merely averring that the plaintiffs were the owners and holders-of tax certificates does not state a cause of action. Swenson v.. Greenland, 4 N. D.. 532, 62 N. W. Rep. 603; Ball v. Dangerñeld,. 26 Minn. 307, 3 N. W. Rep. 698; 2 Blackwell on Tax Titles (5th.
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Appeal from District Court, Cass county; Pollock, J. Action by Robert B. Blakemoré and others against Matilda M.. ■ Roberts. Judgment for plaintiffs, and defendant appeals. Merely averring that the plaintiffs were the owners and holders-of tax certificates does not state a cause of action. Swenson v.. Greenland, 4 N. D.. 532, 62 N. W. Rep. 603; Ball v. Dangerñeld,. 26 Minn. 307, 3 N. W. Rep. 698; 2 Blackwell on Tax Titles (5th. Ed.) sections 1089-1091. The owner and holder of a mere tax certificate has no right to-bring an action to quiet his title or claim to land. Boardman v. Boosewinkel,…
1Opinion of the CourtMorgan, J.
The complaint in this case states the following facts, after proper allegations as to the death of Louis A. Kedney .and the appointment of the plaintiffs as the executors of his last will, viz.: (1) That in his lifetime, and in the year 1891, said Kedney purchased the following described premises, to wit: * * * at the sale for delinquent taxes of the years 1889 and 1890, and that a certificate of such purchase and sale was thereupon made .and delivered to him by the auditor of Cass county; (2) that said Kedney purchased said lots in the years 1893 and 1894 at the sale for delinquent taxes…
2Cases cited15 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Curtis v. SutterCalifornia Supreme Court · 1860
- Pennie v. HildrethCalifornia Supreme Court · 1889
- In re Higgins' EstateMontana Supreme Court · 1895
- Meeks v. HahnCalifornia Supreme Court · 1862
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Snodgrass v. SnodgrassSupreme Court of Oklahoma · 1924
- Blakemore v. CooperNorth Dakota Supreme Court · 1905
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Honsinger v. StewartNorth Dakota Supreme Court · 1916
- Beyer v. Investors' SyndicateNorth Dakota Supreme Court · 1915
17 more not listed; retrieve them via the Exa API.