Williams v. Kirtland
Supreme Court of the United States
Error to the Circuit Court for the District of Minnesota. This was an action of ejectment for the possession of certain real property, situated in the city of St. Paul, in the State of Minnesota. The declaration was in the form usual in Minnesota. The plea was the general issue; and by consent of parties a jury was waived and the cause tried by the court.
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Error to the Circuit Court for the District of Minnesota. This was an action of ejectment for the possession of certain real property, situated in the city of St. Paul, in the State of Minnesota. The declaration was in the form usual in Minnesota. The plea was the general issue; and by consent of parties a jury was waived and the cause tried by the court. The plaintiff claimed the premises under a deed executed in 1864, by the auditor of Ramsey County of that State upon a sale for unpaid taxes. The statute of Minnesota of March 11th, 1862, under which the sale was made, provided that certain…
1Opinion of the CourtJustice Field
We agree with counsel that the provision in the statute of March 11th, 1862, that the tax deed executed by the county auditor should vest in the grantee an absolute title, both at law and in equity, except where the tax returned delinquent was actually paid, only declared the effect of a deed such as the statute contemplated, and did not dispense with proof of compliance with the preliminary requirements of the act. The officer, in making the sale and executing the deed, acted under a special power, and, as in all such cases, was bound to keep strictly within the limits of his authority. No…
2Cited by19 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Turpin v. LemonSupreme Court of the United States · 1902
- Edward Hines Yellow Pine Trustees v. MartinSupreme Court of the United States · 1925
- Sams v. KingSupreme Court of Florida · 1882
- Sheafer v. MitchellTennessee Supreme Court · 1902
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