Legal Opinion

Merriman v. Knight

Supreme Court of Minnesota

Decided June 19, 1890PublishedCited by 7 opinions

Ejectment for lands in Mille Lacs county, brought in the district court for that county, and tried by Searle, J., (a jury being waived,) who found that on May 27, 1884, the plaintiffs were owners in fee, and on that day paid to the county treasurer the taxes for 1883, being all the taxes then unpaid, and took his official receipt therefor.

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Ejectment for lands in Mille Lacs county, brought in the district court for that county, and tried by Searle, J., (a jury being waived,) who found that on May 27, 1884, the plaintiffs were owners in fee, and on that day paid to the county treasurer the taxes for 1883, being all the taxes then unpaid, and took his official receipt therefor. The county auditor, however, included the lands in the delinquent list filed in June, 1884, and published; judgment was rendered, and the lands were offered for sale thereunder, and were bid in by the state on September 16, 1884. On August 10, 1886, the…

1Opinion of the CourtMitchell, J.

Gen. St. 1878, c. 11; § 72, provides that the newspaper in which the publication of the delinquent-tax list shall be made “shall be designated by resolution of the board of county commissioners, * * * a copy of which resolution, certified by the county auditor, shall be filed in the office of the clerk of the court.” In Eastman v. Linn, 26 Minn. 215, (2 N. W. Rep. 693,) it was held that “the publication operates as a constructive service of *494the notice and list upon the party whose property is to be affected by the proceeding, and, tc be effectual for any purpose, the mode of making it pointed…

2Cases cited2 opinions

  1. Eastman v. LinnSupreme Court of Minnesota · 1879
  2. Russell v. GilsonSupreme Court of Minnesota · 1887

3Cited by7 opinions

  1. Cass County v. Security Improvement Co.North Dakota Supreme Court · 1898
  2. Stephens v. FutchSupreme Court of Florida · 1917
  3. Minnesota Debenture Co. v. ScottSupreme Court of Minnesota · 1908
  4. State v. Crosley Park Land Co.Supreme Court of Minnesota · 1895
  5. Blue River Company v. RizzutoSupreme Court of Colorado · 1957

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