Stutsman County v. Wallace
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF DAKOTA. The court stated the case as follows: Appellees brought an action in the District Court for the Sixth Judicial District of the Territory of Dakota, September 28, 1886, to recover from Stutsman County certain moneys which they had paid that county for lands which the treasurer of the county had assumed to sell- to them in satisfaction of taxes wrongfully assessed thereon, and which sale was therefore invalid.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF DAKOTA. The court stated the case as follows: Appellees brought an action in the District Court for the Sixth Judicial District of the Territory of Dakota, September 28, 1886, to recover from Stutsman County certain moneys which they had paid that county for lands which the treasurer of the county had assumed to sell- to them in satisfaction of taxes wrongfully assessed thereon, and which sale was therefore invalid. They also sought 'to recover the amount of taxes paid by them on the land after the sale; and prayed judgment for the amounts…
1Opinion of the CourtChief Justice Fuller
Appellees recovered judgment for the amounts paid and thirty per cent per annum interest thereon. Interest at this rate was that which purchasers at tax sales received upon redemption, and section 78 of chapter 28 of the Political Code of the Territory of Dakota provided that the purchaser, who came within its terms, should be saved harmless, by being paid the principal and interest to which he would have been entitled if the land had been rightfully sold. Unless the recovery was justified under the statute, this judgment must be reversed.
Stutsman County is one of the counties of North…
2Cases cited5 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Buck v. ColbathSupreme Court of the United States · 1866
- Gormley v. ClarkSupreme Court of the United States · 1890
- Erskine v. HohnbachSupreme Court of the United States · 1872
- Tyler v. Cass CountyNorth Dakota Supreme Court · 1890
3Cited by56 opinions
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- Ankeny v. ClarkSupreme Court of the United States · 1893
- People Ex Rel. Schurz v. CookSupreme Court of the United States · 1893
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