State ex rel. Kipp v. Nord
Supreme Court of Minnesota
Appeal by relators from an order of the district court for Chisago county, Crosby, J., sustaining the demurrer of respondent county auditor to an alternative writ of mandamus and denying a peremptory writ. A statute providing for a notice of expiration of time for redemption from a tax sale is mandatory, and the statutory requirement that the notice shall state the time when the redemption period will expire is mandatory. Kenaston v. Great Northern Ry.
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Appeal by relators from an order of the district court for Chisago county, Crosby, J., sustaining the demurrer of respondent county auditor to an alternative writ of mandamus and denying a peremptory writ. A statute providing for a notice of expiration of time for redemption from a tax sale is mandatory, and the statutory requirement that the notice shall state the time when the redemption period will expire is mandatory. Kenaston v. Great Northern Ry. Co., 59 Minn. 35; Peterson v. P. P. Mast & Co., 61 Minn. 119; Parker y. Branch, 42 Minn. 155; State v. Halden, 62 Minn. 246; Black, Tax…
1Opinion of the CourtCollins, J.
General demurrer to the petition upon which was issued an alternative writ of mandamus directing defendant county auditor to permit the relators, who alleged themselves to be the fee-simple owners of certain tracts of land, to redeem the same from a tax sale made under and by virtue of the provisions of Laws 1893, c. 150. (See G. S. 1894, p. 429, note.) From the petition it appeared that the l'elators’ right so to redeem was denied by the auditor on the ground that notice of the expiration of the period of redemption had been duly given and received, and the time to redeem had expired. The…
2Cases cited3 opinions
- Wisner v. ChamberlinIllinois Supreme Court · 1886
- Benefield v. AlbertIllinois Supreme Court · 1890
- Reed v. LyonCalifornia Supreme Court · 1892
3Cited by14 opinions
- State Finance Co. v. BeckNorth Dakota Supreme Court · 1906
- Cole v. LammSupreme Court of Minnesota · 1900
- Burns v. StateWyoming Supreme Court · 1918
- Downing v. LucySupreme Court of Minnesota · 1913
- Lawton v. BarkerSupreme Court of Minnesota · 1908
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