Springville v. Johnson
Utah Supreme Court
Appeal from the District Court of the First Judicial District, Hon. H. "W. Smith, Judge. Action by Springville, a municipal corporation, against Don C. Johnson, to quiet title to land and to have a tax sale thereof declared illegal and void. From a judgment for plaintiff, defendant appeals. The land involved was held by the city for no public purpose, and is liable for county and territorial taxes.
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Appeal from the District Court of the First Judicial District, Hon. H. "W. Smith, Judge. Action by Springville, a municipal corporation, against Don C. Johnson, to quiet title to land and to have a tax sale thereof declared illegal and void. From a judgment for plaintiff, defendant appeals. The land involved was held by the city for no public purpose, and is liable for county and territorial taxes. The city holds the property for private and speculative purposes, and if it may escape the burden of taxation it compels other property holders to pay taxes for it. Surely such a result can never…
1Opinion of the Court
Merritt, C. J.:
This action was brought by plaintiff to quiet title. The plaintiff is a municipal corporation organized under a special charter (1 Comp. Laws, p. 474). For many years prior to 1892, it was the owner of about 900 acres of land, situate within its corporate limits, which was not used f&r any corporate purpose, but was rented for pasturage of cattle, from which the city derived revenue. Taxes for county and territorial purposes were assessed against this land in 1892, and upon failure of the city to pay such taxes the lands were sold to defendant. A bill was filed by plaintiff in…
2Cases cited4 opinions
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
- United States v. Railroad Co.Supreme Court of the United States · 1873
- Vicksburg, Shreveport & Pacific Railroad v. DennisSupreme Court of the United States · 1886
- People v. Doe G. 1,034California Supreme Court · 1868
3Cited by8 opinions
- Anderson-Cottonwood Irrigation District v. KlukkertCalifornia Supreme Court · 1939
- State Ex Rel. City of Tulsa v. MayesSupreme Court of Oklahoma · 1935
- Colwell v. City of Great FallsMontana Supreme Court · 1945
- City of Colorado Springs v. Board of County CommissionersSupreme Court of Colorado · 1906
- Stewart v. City & County of DenverSupreme Court of Colorado · 1921
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