Graham v. Mutual Realty Co.
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Samuel S. Graham against the Mutual Bealty Company. From a judgment for defendant, plaintiff appeals.
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Appeal from District Court, Cass county; Pollock, J. Action by Samuel S. Graham against the Mutual Bealty Company. From a judgment for defendant, plaintiff appeals. Facts: Action -to quiet title to lot 15, block 7, in Kenney & Devitt’s addition to the city of Fargo, and to have declared void defendant’s claim under a tax certificate of sale for unpaid taxes for the year 1904, and a tax deed issued thereon in November, 1909, and for the taxes for the years 1905, 1906, and 1907, subsequently paid. Judgment for the defendant, and appeal under the Newman law. The reasons assigned by the plaintiff…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The first point made by appellant, that the returns made by the city assessor of the city of Fargo were verified before the city auditor, instead of by the county auditor, was passed upon adversely to the appellant in the case of State Finance Co. v. Mather, 15 N. D. 386, 109 N. W. 350, 11 Ann. Cas. 1112, and though that case was decided by a divided court, and to all intents and purposes overruled and reversed the prior decision of Eaton v. Bennett, 10 N. D. 346, 87 N. W. 188, we feel'constrained to follow its holdings.
The next point is a much more…
2Cases cited17 opinions
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- Case v. DeanMichigan Supreme Court · 1867
- Van Shaack v. RobbinsSupreme Court of Iowa · 1873
- Watson v. PhelpsSupreme Court of Iowa · 1875
- Eaton v. BennettNorth Dakota Supreme Court · 1901
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