Nind v. Myers
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Glaspell, J. Action by Louisa M. Nind against Valeria R. Myers and William ’ H. Beck. Judgment for plaintiff, and defendants appeal. Failure to furnish copy of judgment to sheriff upon which to sell is not fatal. Kipp v. Collins, 33 Minn. 394. The description NE4 NW4SW4 S2NW4 taken with owner’s name and the quantity of land embraced, viz., 280 acres, is definite.
Read the full summary
Appeal from District Court, Stutsman county; Glaspell, J. Action by Louisa M. Nind against Valeria R. Myers and William ’ H. Beck. Judgment for plaintiff, and defendants appeal. Failure to furnish copy of judgment to sheriff upon which to sell is not fatal. Kipp v. Collins, 33 Minn. 394. The description NE4 NW4SW4 S2NW4 taken with owner’s name and the quantity of land embraced, viz., 280 acres, is definite. Stoddard v. Lyon, 89 N. W. 1116. The title under sheriff’s certificate is cured by the statute of limitations. Whitney v. Marshall, 17 Wis. 174; Stoddard v. Lyon, supra. If defendant’s tax…
1DissentYoung, J.
I am unable to agree with the conclusion of my associates that the defendant acquired title to the premises in question through the proceedings under the void tax judgment. It is conceded that the title to the premises is in the plaintiff, unless it was divested and transferred to the defendant Beck through his purchase at the tax judgment sale on November 21, 1897, and the plaintiff’s failure to redeem therefrom. So, too, it is conceded that the tax judgment pursuant to which the sale was made was void for want of notice. The defendant, in support of his claim of title, offered only the…
2Cases cited59 opinions
- Den v. TurnerSupreme Court of the United States · 1824
- Marx v. HanthornSupreme Court of the United States · 1893
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Redfield v. ParksSupreme Court of the United States · 1889
54 more not listed; retrieve them via the Exa API.