Legal Opinion

Torinus v. Buckham

Supreme Court of Minnesota

Decided May 9, 1882PublishedCited by 9 opinions

In 1871 the plaintiffs entered into an agreement with Herman. Bisbee, (of whose estate the defendant Buckham is administrator,)- and the other defendants, whereby the defendants, representing, themselves to be the owners of certain timber lands in Wisconsin, sold to the plaintiffs the stumpage on all the lands mentioned in the-agreement, payments to be made therefor from time to time as the timber was ent, upon stipulated terms.

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In 1871 the plaintiffs entered into an agreement with Herman. Bisbee, (of whose estate the defendant Buckham is administrator,)- and the other defendants, whereby the defendants, representing, themselves to be the owners of certain timber lands in Wisconsin, sold to the plaintiffs the stumpage on all the lands mentioned in the-agreement, payments to be made therefor from time to time as the timber was ent, upon stipulated terms. In 1873, another agreement was made between the same parties, supplemental to the first, in accordance with which the plaintiffs settled in full for all the stumpage…

1Opinion of the CourtGilfillan, C. J.

Only two questions are presented by this appeal. It is alleged, first, that the referee erred in deciding the tax sales in Wisconsin to have been invalid, because that decision is based solely on the deposition of the assessor, impeaching his official affidavit as to the mode of arriving at the value in the assessment. A law of Wisconsin, passed after the deposition was taken, enacted that “no assessor shall be allowed in any court or place, by his oath or testimony, to contradict or impeach any affidavit or certificate made or signed by him as such assessor.” Whether in the courts of this…

2Cases cited5 opinions

  1. Leighton v. GrantSupreme Court of Minnesota · 1874
  2. Sanborn v. Commissioners of Rice CountySupreme Court of Minnesota · 1864
  3. Stevens v. JohnsonSupreme Court of Minnesota · 1881
  4. Bisbee v. TorinusSupreme Court of Minnesota · 1879
  5. MacDonald v. KneelandSupreme Court of Minnesota · 1861

3Cited by9 opinions

  1. City Deposit Bank v. GreenSupreme Court of Iowa · 1908
  2. In Re Estate of HoreSupreme Court of Minnesota · 1945
  3. Laney v. IngallsSouth Dakota Supreme Court · 1894
  4. McMillan v. GardnerSupreme Court of Kansas · 1912
  5. Brown v. RobertsSupreme Court of Minnesota · 1903

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