Brink v. Dann
South Dakota Supreme Court
Appeal 'from Circuit Court, Hughes County. Hon. Devi McGUii, J-ucige. Action by A. C. Brink againsit J. G. Dann, as treasurer of Hughes Counity, South Dakota, and another, to enjoini issuance of ■tax deeds to the county, under tax sale 'Certificates held1 by it. From a judgment for 'defendants, -and from an order 'denying a new trial, plaintiff appeals.
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Appeal 'from Circuit Court, Hughes County. Hon. Devi McGUii, J-ucige. Action by A. C. Brink againsit J. G. Dann, as treasurer of Hughes Counity, South Dakota, and another, to enjoini issuance of ■tax deeds to the county, under tax sale 'Certificates held1 by it. From a judgment for 'defendants, -and from an order 'denying a new trial, plaintiff appeals. Provisions in the tax law which are intended for the benefit of the tax payer are mandatory, and must he substantially complied with, throughout, in tax proceedings, to secure the latter’s validity. Eaton v. Bennett, io N. D. 346, 87 N. W.…
1Opinion of the CourtWhiting, P. J.
Action to enjoin -issuance of tax deeds to county on certificates purporting to- be -issued upon b-icl-s made- by such -county. Plaintiff alleged, but -offered no -proof to sustain the allegation, that the assessments upon which the sales were made were excessive, unjust, unequal, -oppressive, and confiscatory when compared with the assessments of other .property. The 'court found -all the tax proceedings regular and refused the relief sought, which relief included the ascertainment of the just -tax. Many of the findings of the court are wholly unsupported by the evidence; ■bu-t the main…
2Cases cited15 opinions
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