Legal Opinion · Dissent

Cavitt v. Seirson

Montana Supreme Court

Decided December 23, 1946No. 8632Published

1DissentJustice Adair

The tax deed dated October 16, 1941, from C. 0. Dunstall, county treasurer of the county of Toole, in the state of Montana, grantor to the county of Toole, state of Montana, grantee contains the recital:

“Whereas, no redemption from said sale has been made, and the said grantee has given the necessary Notice of Application for Tax Deed, as required by law * # *”

Section 2212, Revised Codes, is a protective.or curative statute and the law is that, “Curative statutes are particularly applicable to irregularities in action, but they are ineffectual where want of authority or jurisdiction to act is…

2Cases cited19 opinions

  1. Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
  2. Sanborn v. Lewis & Clark CountyMontana Supreme Court · 1941
  3. Bussenius v. WardenCalifornia Court of Appeal · 1925
  4. Small v. HullMontana Supreme Court · 1934
  5. Land v. BanksTexas Commission of Appeals · 1923

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