Dever v. Cornwell
North Dakota Supreme Court
Appeal from District Court, Richland County; Fisk, J. Action by C. S. Dever against George L. Cornwell and others. Judgment for defendants, and plaintiff appeals. At the time of the tax sale, October, 1896, § 1268 of the Rev. Codes was in force. Plaintiff’s deed follows the form prescribed by this section excepting that .the deed is executed by the auditor and not by the treasurer. It is elementary that the law in force at the time of the sale governs.
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Appeal from District Court, Richland County; Fisk, J. Action by C. S. Dever against George L. Cornwell and others. Judgment for defendants, and plaintiff appeals. At the time of the tax sale, October, 1896, § 1268 of the Rev. Codes was in force. Plaintiff’s deed follows the form prescribed by this section excepting that .the deed is executed by the auditor and not by the treasurer. It is elementary that the law in force at the time of the sale governs. Black on Tax Titles, § 795; Roberts v. First Natl. Bank, 79 N. W. Rep. 1049, 8 N. D. 504. The law giving a tax deed certain force as evidence…
1Opinion of the CourtWallin, C. J.
This action was tried by the District Court' without a jury, and a judgment was entered in that court dismissing the action Plaintiff has appealed to this court from the judgment, and demands a trial anew of all the issues in this court. The complaint alleges that the plaintiff is the owner in fee simple of certain real estate described in the complaint; that the defendants claim some interest in or- title to said real estate, which is adverse to the plaintiff’s title. The nature of the defendants’ claim of title to the land is not indicated by the complaint, but the prayer of the. complaint…
2Cases cited22 opinions
- Mattingly v. District of ColumbiaSupreme Court of the United States · 1878
- Marx v. HanthornSupreme Court of the United States · 1893
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
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