State ex rel. Western Land Ass'n v. Smith
Supreme Court of Minnesota
Cross appeals by the relator and by the defendant, auditor of St. Louis county, from an order of the district court for that county, Start, J., presiding, (acting for the judge of the 11th district,) directing the issue of a peremptory mandamus, requiring the defendant to certify to the relator the amount due upon the redemption of each of the parcels of land described in the alternative writ, the interest of the state in which was assigned on or prior to April 24, 1879, and…
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Cross appeals by the relator and by the defendant, auditor of St. Louis county, from an order of the district court for that county, Start, J., presiding, (acting for the judge of the 11th district,) directing the issue of a peremptory mandamus, requiring the defendant to certify to the relator the amount due upon the redemption of each of the parcels of land described in the alternative writ, the interest of the state in which was assigned on or prior to April 24, 1879, and denying a peremptory writ, and discharging the alternative writ, in case of each parcel where the interest of the state…
1Opinion of the CourtYandeebubgh, J.
All the lands in controversy were bid in for the state on the 24th day of April, 1876, at a tax-judgment sale, for the taxes of 1874. By the act of March 6,1877, (Laws 1877, c. 6, § 25,) the time of redemption from tax sales was extended to three years. This did not operate to extend the time of redemption of land previously sold or assigned to tax purchasers. Merrill v. Dearing, 32 Minn. 479, (21 N. W. Rep. 721.) But the legislature might so bind the state and its assignees, because, as to the state, the grant of additional time to land-owners to redeem was with its own consent, and, as…
2Cases cited3 opinions
- Merrill v. DearingSupreme Court of Minnesota · 1884
- State ex rel. Davenport v. McDonaldSupreme Court of Minnesota · 1879
- Nelson v. Central Land Co.Supreme Court of Minnesota · 1886
3Cited by15 opinions
- State ex rel. National Bond & Security Co. v. KrahmerSupreme Court of Minnesota · 1908
- Grieb, County Clerk v. Natl. Bank of Ky.'s Rec.Court of Appeals of Kentucky (pre-1976) · 1933
- Powell v. KingSupreme Court of Minnesota · 1899
- Walker v. FergusonSupreme Court of Arkansas · 1928
- Cole v. LammSupreme Court of Minnesota · 1900
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