Morrill v. Taylor
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Savage, J. The opinion states the case. The defendant in error claims that by virtue of section one hundred and four of the revenue law, his deeds are prima facie evidence of the facts set forth in that section. But the record shows that a substantial pre-requisite of the statute had not been complied with, viz: the taking of the oath by the assessor.
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Error from the district court of Lancaster county. Tried below before Savage, J. The opinion states the case. The defendant in error claims that by virtue of section one hundred and four of the revenue law, his deeds are prima facie evidence of the facts set forth in that section. But the record shows that a substantial pre-requisite of the statute had not been complied with, viz: the taking of the oath by the assessor. What then is the condition of defendant in error? The instant it is shown by the party claiming adversely to the deed that any pre-requisite of the statute has not been…
1Opinion of the CourtGantt, J.
This action was brought in the usual form to recover the possession of real property. The defendant admits that he is in possession of the property, but denies the ownership of the plaintiff, and avers title in himself; and by supplemental answer, he says that since the filing of his answer the treasurer of Lancaster county has executed and delivered to him two tax deeds for the property in controversy “ for the non-payment of taxes upon the land” for the years 1870 and 1871. The plaintiff denies all the new matter set up in the defendant’s answer, and in reply to the defendant’s supplemental…
2Cases cited25 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Borden v. FitchNew York Supreme Court · 1818
- Wofford v. McKinnaTexas Supreme Court · 1859
- Wise v. WithersSupreme Court of the United States · 1806
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
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3Cited by16 opinions
- Eaton v. BennettNorth Dakota Supreme Court · 1901
- Morris v. MerrellNebraska Supreme Court · 1895
- Wood v. HelmerNebraska Supreme Court · 1880
- Edney v. BaumNebraska Supreme Court · 1903
- Hallo v. HelmerNebraska Supreme Court · 1881
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