Legal Opinion

Kern v. Clarke

Supreme Court of Minnesota

Decided November 8, 1894No. Nos. 8828, 8840PublishedCited by 7 opinions

Appeal by defendant, Nehemiah P. Clarke, from an order of the District Court of Wadena County, G. W. Holland, J., made March .1.4,1894, denying his motion for a new trial.

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Appeal by defendant, Nehemiah P. Clarke, from an order of the District Court of Wadena County, G. W. Holland, J., made March .1.4,1894, denying his motion for a new trial. Appeal also by defendant from an order of the same court made December 4, 1893, amending a tax judgment entered in said court August 3, 1883. The plaintiff, Anton Kern, claiming to have a valid tax title to the northeast quarter of the southeast quarter and the southeast quarter of the northeast quarter of Section twenty four (24) T. 137, R. 3o, con-,' taining eighty acres in Wadena county, brought this action in February,…

1Opinion of the CourtBuck, J.

This action involves the validity of a tax judgment, and the sale of real estate under it. The delinquent list described the land as being the “S. E. 4, N. E. 4, and N. E. 4, S. E. 4, S. 24, T. 137, B. 35,” but the pi. .shed list described the land as being the “S. E. ¿-, N. E. and N. E. S. E. while the tax judgment described the land the same as in the delinquent list. The description *72in the delinquent list and in the tax judgment were clearly insufficient, and the tax judgment was void upon its face. We need not enter into any discussion upon this point, for the question was distinctly…

2Cases cited5 opinions

  1. Tidd v. RinesSupreme Court of Minnesota · 1879
  2. Keith v. HaydenSupreme Court of Minnesota · 1879
  3. Knight v. AlexanderSupreme Court of Minnesota · 1888
  4. Allis v. WhiteSupreme Court of Minnesota · 1894
  5. Williams v. Central Land Co.Supreme Court of Minnesota · 1884

3Cited by7 opinions

  1. Burton v. HooverUtah Supreme Court · 1937
  2. Sheets v. PaineNorth Dakota Supreme Court · 1901
  3. National Bond & Security Co. v. Board of County CommissionersSupreme Court of Minnesota · 1903
  4. Allis v. WhiteSupreme Court of Minnesota · 1894
  5. Cook v. John Schroeder Lumber Co.Supreme Court of Minnesota · 1902

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