Farrington v. New England Investment Co.
North Dakota Supreme Court
PPEAL from district court, Bamsey county; Wm. B. McConnell, Judge. Hon. This case was argued before the supreme court of Dakota Territory and the judgment of the district court was there affirmed.
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PPEAL from district court, Bamsey county; Wm. B. McConnell, Judge. Hon. This case was argued before the supreme court of Dakota Territory and the judgment of the district court was there affirmed. A re-argument was granted, pending which the territorial courts were succeeded by those of the states and this case passed to the supreme court of North Dakota. argued': That the complaint did not state a cause of action, because it did not allege payment or tender of the taxes due; that the omission of the assessor’s oath from the roll was not fatal to the validity of the tax. Counsel did not…
1Opinion of the CourtBartholomew, J.
In 1885 the plaintiff, John Farrington, as trustee for the St. Paul, Minneapolis & Manitoba Railway Company, owned a large number of town lots in the city of Devil’s Lake, in Bamsey county. At the regular tax-sale in the year 1886, said lots were sold for the delinquent taxes of 1885, as the same appeared on the books of the treasurer of said county. The sale was made by oné John W. Maher, who, as treasurer- of Bamsey county, was the predecessor in office of the defendant, Ole Serumgard. The lots were purchased by, and the certificates of sale issued by said Maher, to the defendant the New…
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