Anson v. Elwood

*57The opinion of the court was delivered by

Swayze, J.

This suit was brought to recover $50 as money had and received for plaintiff’s use. The plaintiff owned real estate which had been sold for taxes to the defendant. A certificate of sale was issued and recorded as a mortgage of land pursuant to section 56 of the Tax act. Pamph. L. 1903, p. 430. Thereafter he collected rents to the amount of $50. The plaintiff, upon redeeming the land, claimed a credit for this amount, and, when it was denied, paid the full amount of the taxes and charges under protest, and brought this suit for the $50, which…