Grant v. Bartholomew
Nebraska Supreme Court
Appeal from tbe district court of Douglas county. Heard below before Dueeie, J. Tbe burden of proof is upon tbe defendant. (Miller v. Hurford, 13 Neb. 11; Adams v. Osgood, 12 Neb. 150; Towle v. Holt, 11 Neb. 221; Dillon v. Merriam, 22 Neb. 151; Bryant v. Estalrooh, 16 Neb. 217.) Tbe defenses alleged in tbe answer are technical, and are not a defense to an action for tbe foreclosure of a tax lien.
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Appeal from tbe district court of Douglas county. Heard below before Dueeie, J. Tbe burden of proof is upon tbe defendant. (Miller v. Hurford, 13 Neb. 11; Adams v. Osgood, 12 Neb. 150; Towle v. Holt, 11 Neb. 221; Dillon v. Merriam, 22 Neb. 151; Bryant v. Estalrooh, 16 Neb. 217.) Tbe defenses alleged in tbe answer are technical, and are not a defense to an action for tbe foreclosure of a tax lien. (Roads v. Estalrooh, 35 Neb. 297; Merriam v. Dovcy, 25 Neb. 618; Otoe Ooimty v. Matthews, 18 Neb. 166.) Tbe decree is absolutely void for want of findings of fact. {Doty v. Summer, 12 Neb. 378;…
1Opinion of the Court
Eagan, C.
J. Ealston Grant brought this suit in the district court of Douglas county against William 0. Bartholomew to foreclose a lien upon lot 28, in Horbach’s First Addition to the city of Omaha, based on a tax-sale certificate issued to Grant’s assignor by the county treasurer of Douglas county on June 11, 1890, pursuant to a private sale then and there made by said treasurer of said real estate for the delinquent taxes thereon for the year 1888, said taxes and interest then and there amounting to the sum of |29.65. Grant j in his petition, also alleged that on June 11, 1890, and at…
2Cases cited54 opinions
- Sioux City & Pacific Railroad v. Washington CountyNebraska Supreme Court · 1873
- Missouri River, Fort Scott & Gulf R. R. v. MorrisSupreme Court of Kansas · 1871
- McInerny v. ReedSupreme Court of Iowa · 1867
- Cruger v. . DoughertyNew York Court of Appeals · 1870
- Spiech v. TierneyNebraska Supreme Court · 1898
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