Mulvey v. Tozer
Supreme Court of Minnesota
Action brought in the district court for Kanabec county, to determine defendant’s adverse claim to vacant lands in that county.
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Action brought in the district court for Kanabec county, to determine defendant’s adverse claim to vacant lands in that county. The defendant answered, alleging title in himself under the tax sale of forfeited lands in 1881, pursuant to Laws 1881, c. 135. The action was tried by McCluer, J., who found the following (among other) facts: The original tax-judgment book on which the tax sale relied on by defendant was founded contains no entries on the right-hand page opposite any description of any lands, whether those described in the complaint or others; but throughout the whole book the…
1Opinion of the CourtMitchell, J.
The defendant claims title under a tax-deed purporting to have been issued pursuant to the provisions of Laws 1881, c. 135, § 9. Its validity depends mainly upon the question what course of procedure was required by that statute in case of lands not sold at the public tax sale to actual purchasers. This act, as we have had occasion to hold, proceeds upon the theory that the state waived all rights under any prior sales or forfeitures, and, recognizing the owners as still having rights in the land, provides for the enforcement of delinquent taxes against them entirely new proceedings, upon…
2Cases cited3 opinions
- Farnham v. JonesSupreme Court of Minnesota · 1884
- Stewart v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887
- Gilfillan v. ChattertonSupreme Court of Minnesota · 1888
3Cited by9 opinions
- State v. BaldwinSupreme Court of Minnesota · 1895
- Pine County v. LambertSupreme Court of Minnesota · 1894
- Oakland Cemetery Ass'n v. County of RamseySupreme Court of Minnesota · 1906
- State v. Crookston Lumber Co.Supreme Court of Minnesota · 1902
- State v. KippSupreme Court of Minnesota · 1897
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