Whitney v. Wegler
Supreme Court of Minnesota
Appeal by plaintiff, Albert G. Whitney, from an order of the District Court of Stearns' County, D. B. Searle, J., made March 22,1893, denying his motion for a new trial. The action was to determine the adverse claim of the defendant, Frank Wegler, to lot five (5) in block eighty-one (81) of.Lowry’s Addition to St. Cloud. The plaintiff derived title from the patentee of the land.
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Appeal by plaintiff, Albert G. Whitney, from an order of the District Court of Stearns' County, D. B. Searle, J., made March 22,1893, denying his motion for a new trial. The action was to determine the adverse claim of the defendant, Frank Wegler, to lot five (5) in block eighty-one (81) of.Lowry’s Addition to St. Cloud. The plaintiff derived title from the patentee of the land. The defendant claimed title to the lot under a sale' thereof for delinquent taxes of 1879 and prior years. The tax sale was made September 30, 1881, pursuant to Laws' 1881, ch. 135. In proceedings taken under that law…
1Opinion of the CourtGilpillan, C. J.
Laws 1881, cb. 135, being “An act to enforce the payment of taxes which became delinquent in and prior to the year one thousand eight hundred and seventy-nine,’' provides, (section 7:) “And the judgment and sale herein provided for shall not be set aside unless the action in wdiich the validity of the judgment or sale shall be called into question, or the defense to any action alleging its invalidity, be brought within nine months of the date of said sale, except that, in case any tract or parcel shall be included in any such judgment, when such taxes shall have been paid, or such property…
2Cases cited6 opinions
- Baker v. KelleySupreme Court of Minnesota · 1866
- Kipp v. DawsonSupreme Court of Minnesota · 1884
- Kipp v. JohnsonSupreme Court of Minnesota · 1884
- Sanborn v. CooperSupreme Court of Minnesota · 1883
- Feller v. ClarkSupreme Court of Minnesota · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. National Bond & Security Co. v. KrahmerSupreme Court of Minnesota · 1908
- Kannellos v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
- Holmes v. LoughrenSupreme Court of Minnesota · 1906
- McOutcheon Church v. SmithCourt of Appeals of Texas · 1917
- Nind v. MyersNorth Dakota Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.