D' Gette v. Sheldon
Nebraska Supreme Court
Appeal from the district court for Otoe county. Heard below before Chapman, J. The acts of 1875 and 1879, providing for the foreclosure of tax certificates, cannot apply here, as they would cut off a claim existing at the time of their passage without allowing a reasonable time to bring an action. (Wood, Limitations, sec. 11; Horbaoh v. Miller, 4 Neb., 3L; Morford v. State, 24 Pa.
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Appeal from the district court for Otoe county. Heard below before Chapman, J. The acts of 1875 and 1879, providing for the foreclosure of tax certificates, cannot apply here, as they would cut off a claim existing at the time of their passage without allowing a reasonable time to bring an action. (Wood, Limitations, sec. 11; Horbaoh v. Miller, 4 Neb., 3L; Morford v. State, 24 Pa. St., 92; Boone, Code Pleading, sec. 69.) The five-year limitation is not available in this case, as it was not pleaded. (Bowman v. Mallory, 14 Ind., 424; Tootle v. Clifton, 22 O. St., 249; Taylor v. Courtnay, 15…
1Opinion of the CourtMaxwell, J.
This is an action to foreclose a tax lien. On the trial of ¡the cause the court found the issues in favor of the defendant and dismissed the action. The plaintiff alleges in his petition that “ the defendant, Amsdell Sheldon, is the owner of certain real estate described as follows: the north half of the northeast quarter of section 1, township 9, range 12, lying and being in Otoe county, state of Nebraska; that the said real estate was subject to taxation for the years 1861, 1862, 1863, 1864, 1865, 1866, 1867, and was duly and legally assessed and valued for taxation for the said years, and…
2Cases cited2 opinions
- Helphrey v. RedickNebraska Supreme Court · 1887
- Parker v. MathesonNebraska Supreme Court · 1887
3Cited by15 opinions
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