Kipp v. Fernhold
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Sibley county,, to determine the adverse claims of the defendants to certain lands. The action was tried before a referee, who found that the plaintiffs-.are the owners of the lands, having acquired title thereto under the tax sale under Laws 1881, c. 135, and that the defendants have no right or title thereto, and directed judgment accordingly.
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Plaintiffs brought this action in the district court for Sibley county,, to determine the adverse claims of the defendants to certain lands. The action was tried before a referee, who found that the plaintiffs-.are the owners of the lands, having acquired title thereto under the tax sale under Laws 1881, c. 135, and that the defendants have no right or title thereto, and directed judgment accordingly. The defendant James W. Fernhold appeals from an order by Edson, J., re.fusing a new trial.
1Opinion of the Court
Dickinson, J.1
This is an action by parties claiming title under the tax sale in 1881, (made pursuant to chapter 135 of the Laws of that year,) to determine an asserted adverse title, the defendant Fernhold being the owner, unless his title was divested by the tax proceedings. The land consists of the northeast quarter of section 4, township 114, range 30; the southwest quarter of section 33, township 115, range 30; and the southeast quarter of section 34, in the same township and range.
It becomes important to understand how these lands were described in the special delinquent list filed with…
2Cases cited2 opinions
- Sanborn v. CooperSupreme Court of Minnesota · 1883
- Feller v. ClarkSupreme Court of Minnesota · 1887
3Cited by8 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1891
- Smith v. KippSupreme Court of Minnesota · 1892
- McQuade v. JaffraySupreme Court of Minnesota · 1891
- Alexander v. GordonCourt of Appeals for the Eighth Circuit · 1900
- Holmes v. LoughrenSupreme Court of Minnesota · 1906
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