Biberdorf v. Juhnke

Bukke, Ch. J.

This is an action to quiet title to certain lands in McHenry county, North Dakota. The plaintiff claims under a tax deed issued on the 25th day of March, 1926, on a tax certificate of sale for the nonpayment of taxes for the year 1921.

The defendant, the Kenyon State Bank of Kenyon, Minnesota, claims the right to redeem from said tax sale, under and by virtue of a' mortgage dated November 19, 1921, executed by Otto A. Juhnke then the owner of the land to the Gardena State Bank for the sum of $1,500, which mortgage was duly filed for record on November 22, 1921, and was recorded in…