Shane v. City of St. Paul
Supreme Court of Minnesota
Certain real estate of plaintiff in the city of St. Paul was sold, on May 20, 1876, under a judgment of the late court of common pleas of Ramsey county, for the amount of a reassessment against it for a local improvement, and a certificate of sale was issued to the purchaser.
Read the full summary
Certain real estate of plaintiff in the city of St. Paul was sold, on May 20, 1876, under a judgment of the late court of common pleas of Ramsey county, for the amount of a reassessment against it for a local improvement, and a certificate of sale was issued to the purchaser. The time for redemption from the sale would expire on May 20, 1878, and immediately thereafter the holder of the certificate would be entitled to a deed from the city, which would be prima facie -evidence of title in the grantee. The amount claimed by the city as due, under and by virtue of the sale, and to redeem the…
1Opinion of the CourtCornell, J.
Upon the allegations of the complaint, the tax judgment under which plaintiff’s land was sold, and the certificate of sale was issued, was void for want of jurisdiction, and for matters appearing upon its face showing its nullity, besides being founded upon an illegal and void reassessment, made without authority; 'of all which facts plaintiff had full knowledge when he paid to the city treasurer, for the redemption of the property from such sale, the money which he now seeks to recover from the defendant, on the ground that such payment was made under protest, and was not voluntary. The only…
2Cases cited3 opinions
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Powell v. Board of SupervisorsWisconsin Supreme Court · 1879
- Smith v. SchroederSupreme Court of Minnesota · 1870
3Cited by14 opinions
- Pettibone v. Cook County, MinnesotaCourt of Appeals for the Eighth Circuit · 1941
- Neilson v. San Pete CountyUtah Supreme Court · 1912
- Morris v. City of New HavenSupreme Court of Connecticut · 1906
- Wessel v. D. S. B. Johnston Land & Mortgage Co.North Dakota Supreme Court · 1893
- Murphy v. CasselmanNorth Dakota Supreme Court · 1913
9 more not listed; retrieve them via the Exa API.