Legal Opinion

Board of Commissioners v. National Land Co.

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 5 opinions

Error from Dickinson District Court. At the March Term, 1876, of the district court, the National Land Company, as plaintiff, recovered a judgment against the Board of Commissioners of Dickinson County for $1,232.09, and costs. The Board brings the case to this court. The facts sufficiently appear in the opinion.

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Error from Dickinson District Court. At the March Term, 1876, of the district court, the National Land Company, as plaintiff, recovered a judgment against the Board of Commissioners of Dickinson County for $1,232.09, and costs. The Board brings the case to this court. The facts sufficiently appear in the opinion. We claim that the judgment of the court below was wrong, because the purchase of said tax certificates by the National Land Company of said Richards was a redemption, and nota purchase; that it was a payment of the taxes that had accrued against said company’s own land. The purchase…

1Opinion of the Court

The opinion of the court was 'delivered by

Valentine, J.:

This was an action brought by the National Land Company against the board of county commissioners of -Dickinson county to recover for money paid into the county treasury of that county on five separate tax-sale certificates, all of which tax-sale certificates were illegal and void, because the taxes upon which they were founded were-illegal and void. The case was tried in the court below by a. jury, and the court below, after all the evidence was introduced, gave a general instruction to the jury, charging them’ *201to find for the plaintiff…

2Cases cited3 opinions

  1. Railroad Co. v. CommissionersSupreme Court of the United States · 1879
  2. Lamborn v. County CommissionersSupreme Court of the United States · 1878
  3. Kansas Pacific Railway Co. v. CulpSupreme Court of Kansas · 1872

3Cited by5 opinions

  1. Western Lunatic Asylum v. MillerWest Virginia Supreme Court · 1887
  2. Meriwether v. Board of Com'rsSupreme Court of Oklahoma · 1931
  3. Minnetonka Oil Co. v. Cleveland Vitrified Brick Co.Supreme Court of Oklahoma · 1915
  4. Planters Mutual Insurance Association v. RoseSupreme Court of Oklahoma · 1910
  5. STATE Ex BETTMAN v. CANFIELD OIL COOhio Court of Appeals · 1929

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