Budge v. City of Grand Forks
North Dakota Supreme Court
PPEAL from district court, Grand Forks county; Hon. Charles F. Templeton, Judge. Many cases hold that purchaser at tax sale .has no remedy if his tax title fail, but those cases, with one exception, relate to tax sales for general taxes, not to sales based, like this, on local assessments.
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PPEAL from district court, Grand Forks county; Hon. Charles F. Templeton, Judge. Many cases hold that purchaser at tax sale .has no remedy if his tax title fail, but those cases, with one exception, relate to tax sales for general taxes, not to sales based, like this, on local assessments. In those cases the county or town whose officer made the sale was but an agent of the state, was not acting in its own behalf, as the city was in the case at bar: Chapman v. City, 40 N. Y. 872; People v. Chapin, 5 N. E. 64; Saulters v. Victory, 35 Vt. 350; Norton v. Supervisors, 13 Wis. 611; Phillips v.…
1Opinion of the CourtBartholomew, J.
This action was orginally commenced by Jacob S. Eshelman. Pending the action Eshelman died, and his administrator assigned the claim on which the suit was brought to the plaintiff, William Budge, who was substituted as plaintiff by order of the court, and filed an amended complaint alleging, in substance, that the defendant is a municipal corporation. That in 1883 the defendant caused Kitson avenue, in said city to be filled in and graded. That the mayor and council of said city, by ordinance duly passed, attempted to levy a special tax to pay for said filling and grading upon the property…
2Cases cited35 opinions
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Louisiana v. WoodSupreme Court of the United States · 1880
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- Pimental v. City of San FranciscoCalifornia Supreme Court · 1863
- Comm'rs of Wabaunsee Co. v. WalkerSupreme Court of Kansas · 1871
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3Cited by13 opinions
- Lisso & Bro. v. Police JurySupreme Court of Louisiana · 1910
- Schintgen v. City of La CrosseWisconsin Supreme Court · 1903
- American Inv. Co. of Emmetsburgh v. County of BeadleSouth Dakota Supreme Court · 1894
- Reynard v. City of CaldwellIdaho Supreme Court · 1935
- Tyler v. Cass CountyNorth Dakota Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.