Legal Opinion · Dissent

Baird v. Fischer

North Dakota Supreme Court

Decided January 5, 1928Published

1DissentChristianson, J.

As I understand the majority opinion prepared by Mr. Chief Justice Nuessle, it holds that § 2211, Comp.Laws 1913, inhibits a junior mortgagee from acquiring and asserting title under a tax deed as against a senior mortgagee for taxes falling due while both mortgages are outstanding and unpaid (syllabus, ¶ 2) ; that such inhibition is not affected by § 2196 Comp. Laws 1913; that the purpose and effect of this section is to prohibit public officers having charge of tax sales from purchasing at a tax sale and that it does not permit a junior mortgagee to procure and assert a tax title as against…

2Cases cited7 opinions

  1. Fisher v. BettsNorth Dakota Supreme Court · 1903
  2. Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
  3. Finlayson v. PetersonNorth Dakota Supreme Court · 1902
  4. Sarles v. McGeeNorth Dakota Supreme Court · 1891
  5. Wambole v. FooteSupreme Court Of The Territory Of Dakota · 1878

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