McHenry v. Brett
North Dakota Supreme Court
Appeal from District Court, LaMoure County; Glaspell, J Action by Edwin H. McHenry and others, receivers of the Northern Pacific Railroad Company, against William Brett. Judgment for plaintiffs. Defendant appeals. At the time of appellant’s purchase at tax sale section 1643 Comp. Laws, was in full force and effect. The act of purchasing constituted a contract the obligation of which could not be impaired by subsequent legislation.
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Appeal from District Court, LaMoure County; Glaspell, J Action by Edwin H. McHenry and others, receivers of the Northern Pacific Railroad Company, against William Brett. Judgment for plaintiffs. Defendant appeals. At the time of appellant’s purchase at tax sale section 1643 Comp. Laws, was in full force and effect. The act of purchasing constituted a contract the obligation of which could not be impaired by subsequent legislation. Cooley on Tax’n, 2d Ed. 544-545; Fleming v. Roverud, 30 Minn. 273, 15 N. W. Rep. 1x9; State v. Foley, 30 Minn. 350, 15 N. W. Rep. 375; Corbin v. Commis’rs, 1…
1Opinion of the CourtBartholomew, C. J.
For the purposes of the questions involved in this appeal, it may be said that the plaintiffs, as the receivers of the Northern Pacific Railroad Company, brought this action to cancel tax deeds upon certain lands situate in LaMoure county, in this state, which said lands formed a part of the place lands in the original grant of lands by congress to said railroad company, and which said lands the said County of LaMoure, by its proper officials, sold to the defendant, William Brett, at the tax sale in 1889, for the alleged taxes that had been assessed and levied thereon for the year 1888.…
2Cases cited13 opinions
- McHenry v. AlfordSupreme Court of the United States · 1898
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
- McHenry v. AlforeSupreme Court of the United States · 1898
- Barke v. EarlySupreme Court of Iowa · 1887
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3Cited by3 opinions
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Sheets v. PaineNorth Dakota Supreme Court · 1901
- Beggs v. PaineNorth Dakota Supreme Court · 1906