State ex rel. Ray v. Halden
Supreme Court of Minnesota
■ Petition in the district court for St. Louis county on the relation of Robert C. Bay, as executor of the will of James D. Ray, deceased, for a writ of mandamus commanding respondent, as auditor of said county, to execute certificates of redemption stating the amounts necessary to redeem certain lands belonging to the estate of the testator from a- tax sale, held on May 5, 1890. The following facts were admitted: At the tax sale, there being no bidders, the lots were…
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■ Petition in the district court for St. Louis county on the relation of Robert C. Bay, as executor of the will of James D. Ray, deceased, for a writ of mandamus commanding respondent, as auditor of said county, to execute certificates of redemption stating the amounts necessary to redeem certain lands belonging to the estate of the testator from a- tax sale, held on May 5, 1890. The following facts were admitted: At the tax sale, there being no bidders, the lots were severally bid in for the state; subsequent thereto one Bohan paid the proper amounts and received the proper state assignment…
1Opinion of the CourtMitchell, J.
1. The notice of the expiration of the period of redemption was clearly insufficient, under the doctrine of Kenaston v. Great Northern R. Co., 59 Minn. 35, 60 N. W. 813. The notices in the two cases are not distinguishable on principle. The notice in the present case was that the time for redemption would expire “sixty days after service of this notice in ihe manner prescribed by section 37, c. 6, Gen. Laws Minn. 1877, and amendments thereto.” This reference to the statute did not aid the notice. The words “in the manner,” etc., refer, as their antecedent, to the words “service,” etc.,…
2Cases cited1 opinion
- Kenaston v. Great Northern Railway Co.Supreme Court of Minnesota · 1894
3Cited by9 opinions
- State ex rel. National Bond & Security Co. v. KrahmerSupreme Court of Minnesota · 1908
- Hoyt v. ClarkSupreme Court of Minnesota · 1896
- Clary v. O'SheaSupreme Court of Minnesota · 1898
- McNamara v. FinkSupreme Court of Minnesota · 1898
- Phelps v. PowersSupreme Court of Minnesota · 1903
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