Legal Opinion

Fagan v. Huntress & Brown Lumber Co.

Supreme Court of Minnesota

Decided July 11, 1900No. Nos. 12,129—(190)PublishedCited by 2 opinions

Appeal by plaintiff from an order of the district court for Lake county, Cant, J., denying a motion for a new trial.

1Opinion of the CourtStart, C. J.

Action to determine adverse claims to vacant and unoccupied land. The trial court found that the plaintiff had no title to the land, and he appealed from an order denying his motion for a new trial.

The plaintiff claimed title to the land by virtue of a tax sale made pursuant to a tax judgment against it for the taxes of 1893. The material part of such judgment, as shown by the record in this case, is in these words:

*442

This judgment is void on its face for two reasons. The attempted description of the land is fatally defective. It describes no land. Keith v. Hayden, 26 Minn. 212, 2 N. W. 495;…

2Cases cited3 opinions

  1. Tidd v. RinesSupreme Court of Minnesota · 1879
  2. Keith v. HaydenSupreme Court of Minnesota · 1879
  3. Kern v. ClarkeSupreme Court of Minnesota · 1894

3Cited by2 opinions

  1. Cook v. John Schroeder Lumber Co.Supreme Court of Minnesota · 1902
  2. Foster v. McClureSupreme Court of Minnesota · 1913

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