Larson v. Sexton
South Dakota Supreme Court
Appeal from Municipal Court of Sioux Falls. Hon. Martin Burgi-i, Judge. Action by Emil Larson against Thomas W. Sexton, to quiet title to realty. From an order sustaining a demurrer to the complaint, plaintiff appeals. (i) Under point one of the opinion, Appellant submitted that: Sec. 2199 Pol.
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Appeal from Municipal Court of Sioux Falls. Hon. Martin Burgi-i, Judge. Action by Emil Larson against Thomas W. Sexton, to quiet title to realty. From an order sustaining a demurrer to the complaint, plaintiff appeals. (i) Under point one of the opinion, Appellant submitted that: Sec. 2199 Pol. Code, amended by Sec. 1, Chap. 25, Laws 1909, to provide for a lien for taxes, does not abridge the duty imposed by Sec. 2208. Appellant was required to pay subsequent taxes in order to protect his rights under his equitable title by virtue of his certificate of sale; citing Goodnow v. Stryker, 16 N.…
1Opinion of the CourtSmith, J.
As stated in appellant’s brief:
“There is but one question for determination upon this appeal, and that is whether one who has paid subsequent taxes after the purchase of the certificate of tax sale of real estate can recover those subsequent taxes from the redemptioner without *423•having taken steps to make them a lien against the land so redeemed.”
The appeal is from an order sustaining defendant’s demurrer to plaintiff’s complaint. The complaint alleges that the defendant, who was the redemptioner, was the owner of the property prior to the tax sale, and duly redeemed from the tax sale; that…
2Cases cited11 opinions
- Goodnow v. MoultonSupreme Court of Iowa · 1879
- Goodnow v. LitchfieldSupreme Court of Iowa · 1884
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
- Goodnow v. StrykerSupreme Court of Iowa · 1883
- West v. Middlesex Banking Co.South Dakota Supreme Court · 1914
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