Fisher v. Betts
North Dakota Supreme Court
Appeal from District Court, Cass county; Charles A. Pollock, J. Action by C. E. Fisher against N. N. Betts and O. P. Smith. Judgment for defendants, and plaintiff appeals. Tax deeds are not prima facie evidence of title,' and defendant offered no other evidence. There was no evidence to show levy of tax, notice of sale, or of expiration of period of redemption. • There is no statute making tax deeds evidence of title, or regularity proceedings.
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Appeal from District Court, Cass county; Charles A. Pollock, J. Action by C. E. Fisher against N. N. Betts and O. P. Smith. Judgment for defendants, and plaintiff appeals. Tax deeds are not prima facie evidence of title,' and defendant offered no other evidence. There was no evidence to show levy of tax, notice of sale, or of expiration of period of redemption. • There is no statute making tax deeds evidence of title, or regularity proceedings. There was no statute prescribing form of tax deed, or making it evidence, for tax sales of 1890. Whatever effect section 7, chapter 100, Laws of 1891,…
1Opinion of the CourtMorgan, J.
In this action it is sought to determine adverse claims to lots 17 and 18 of block Al, Northern Pacific addition to the-city of Fargo. The plaintiff alleges ownership of said lots, and *204alleges that the defendants claim a certain estate and interest therein adverse to that of the plaintiff, by virtue of certain alleged assessments of taxes thereon, which said taxes, and the tax sales there under, as well as all certificates and deeds based thereon, are void. 'The plaintiff prays that the defendants set forth such adverse claims, ;and that they be adjudged void and of no effect. The defendant…
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