Legal Opinion

Kipp v. Dawson

Supreme Court of Minnesota

Decided January 11, 1884PublishedCited by 33 opinions

Action to determine adverse claims to unoccupied real property in Chisago county, brought in the district court for Sibley county, removed to Chisago county, and tried by Crosby, J., without a jury.

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Action to determine adverse claims to unoccupied real property in Chisago county, brought in the district court for Sibley county, removed to Chisago county, and tried by Crosby, J., without a jury. The defendant’s title is founded upon a tax judgment and sale, the facts found by the court being, in substance, as follows: On August 19, 1881, under the provisions of Laws 1881, c. 135, a. tax judgment was entered in Chisago county against the land, and on September 26, 1881, the land was sold, and a certificate of sale delivered, by the county auditor to the defendant. In the judgment were…

1Opinion of the CourtMitchell, J.

Action to determine adverse claim to real estate. Defendant in his answer claims title under a sale of the land for faxes delinquent in the year 1879 and prior years, pursuant to Laws 1881, c. 135. The principal questions in the case involve the validity of this sale.

1. The first point urged is, that the tax judgment itself was void, because the taxes for the years 1879 and 1880 were included in the amount. This was clearly a mistake, for the act referred to only authorizes proceedings against real estate for taxes which became delinquent in the year 1879 (i. e., taxes of 1878) or any prior…

2Cases cited1 opinion

  1. Knudson v. CurleySupreme Court of Minnesota · 1883

3Cited by33 opinions

  1. State v. West Duluth Land Co.Supreme Court of Minnesota · 1899
  2. Yoselowitz v. Peoples Bakery, Inc.Supreme Court of Minnesota · 1938
  3. In Re Trusteeship Under Will of JonesSupreme Court of Minnesota · 1938
  4. State Ex Rel. Laurisch v. PohlSupreme Court of Minnesota · 1943
  5. McQuade v. JaffraySupreme Court of Minnesota · 1891

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