Bandow v. Wolven
South Dakota Supreme Court
Appeal from Circuit Court, Hand County. Hon. Loring E. 'GaRFy, Judge. Action by Roverta J. Bandow against John W. Wolven. From a judgment for plaintiff, defendant appeals. The omission of the magistrate’s certificate that the oath certified and signed by the assessors were administered to them, does not invalidate the list, when in fact the oath was’ administered. Dcsty on Tax. Vol. I, p. 585, note 23; Blodgett v. Holbrook, 39 Vt. 336. The presumption is that oath was taken.
Read the full summary
Appeal from Circuit Court, Hand County. Hon. Loring E. 'GaRFy, Judge. Action by Roverta J. Bandow against John W. Wolven. From a judgment for plaintiff, defendant appeals. The omission of the magistrate’s certificate that the oath certified and signed by the assessors were administered to them, does not invalidate the list, when in fact the oath was’ administered. Dcsty on Tax. Vol. I, p. 585, note 23; Blodgett v. Holbrook, 39 Vt. 336. The presumption is that oath was taken. Sess. Raws 1897, Chap. 32, p. 82; McClure v. Warner, 20 N. W. 387. An assessment headed across the tops of the columns…
1Opinion of the CourtHaney, J.
This is an action to determine adverse claims to a quarter section of land situate in Hand county, title to which is in the plaintiff unless divested by a tax deed, fair on its face, recorded more than three years before the action was commenced.
There has been a special limitation applicable to this class of actions in this jurisdiction since long prior to the transactions here involved. In 1891 it was stated in the following language: “No action shall be commenced by the former owner or owners of lands, or by any person claiming under him or them, to recover possession of land which has been…
2Cases cited5 opinions
- Crisman v. JohnsonSupreme Court of Colorado · 1896
- Moran v. ThomasSouth Dakota Supreme Court · 1905
- Avant v. FlynnSouth Dakota Supreme Court · 1891
- Stoddard v. LyonSouth Dakota Supreme Court · 1904
- Mather v. DarstSouth Dakota Supreme Court · 1900
3Cited by22 opinions
- Dahn v. TrownsellSouth Dakota Supreme Court · 1998
- Peters v. LohrSouth Dakota Supreme Court · 1910
- Baird v. ZahlNorth Dakota Supreme Court · 1929
- Cornelius v. FergusonSouth Dakota Supreme Court · 1909
- Cain v. EhrlerSouth Dakota Supreme Court · 1915
17 more not listed; retrieve them via the Exa API.