Rector v. Maloney
South Dakota Supreme Court
Appeal from circuit court, Lawrence county, Hon. Joseph B. Moore, Judge. Action to vacate and set aside a tax deed by the Rector & Wilhelmy Company against Richard M. Maloney. Conditional judgment for plaintiff, and defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county, Hon. Joseph B. Moore, Judge. Action to vacate and set aside a tax deed by the Rector & Wilhelmy Company against Richard M. Maloney. Conditional judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. It is admitted (finding No. 8, abstract, page io, folio 40) that the deed is in statutory form with the exception of the words, “and had been duly assessed and properly charged on the tax books and duplicate for the year.” It is also admitted (Finding No. 10, abstract, page 14, folio 54) that another and amended tax deed was…
1Opinion of the CourtFuller, P. J.
Conditioned on the payment of all taxes, penalties, interest, and costs, plaintiff had judgment vacating and setting aside a tax deed to a portion of a certain lot in the city of Deadwood, and this appeal by the defendant requires us to determine whether the law was properly applied to the facts found by the trial court.
On the 6th day of November, 1893, the property was sold to Lawrence county on account of the taxes due and delinquent for the years 1886 and 1892, and the certificate of such sale was thereafter assigned to appellant, who obtained his tax deed thereon, 'on the 15th day of…
2Cases cited5 opinions
- Grimm v. O'ConnellCalifornia Supreme Court · 1880
- Steele v. MurrySupreme Court of Iowa · 1890
- Simmons v. McCarthyCalifornia Supreme Court · 1897
- Lain v. CookWisconsin Supreme Court · 1862
- Ellsworth v. Van OrtSupreme Court of Iowa · 1885
3Cited by10 opinions
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
- Biberdorf v. JuhnkeNorth Dakota Supreme Court · 1929
- Weller v. PlattSouth Dakota Supreme Court · 1914
- Berry v. HowardSouth Dakota Supreme Court · 1914
- Hardy v. WoodsSouth Dakota Supreme Court · 1911
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