Wilhelm v. Russell
Nebraska Supreme Court
This was an .appeal from the district court of Otoe county. The facts appear in the opinion. citing the case of Beet v. O’Brien, 5 Neb., 360, contended that the fact of ownership of personal property at the time the tax became delinquent must be pleaded, and that it had not been pleaded in this case. The plaintiff must allege some fact or facts which, if admitted by demurrer or otherwise, would justify the court in decreeing the sale void.
Read the full summary
This was an .appeal from the district court of Otoe county. The facts appear in the opinion. citing the case of Beet v. O’Brien, 5 Neb., 360, contended that the fact of ownership of personal property at the time the tax became delinquent must be pleaded, and that it had not been pleaded in this case. The plaintiff must allege some fact or facts which, if admitted by demurrer or otherwise, would justify the court in decreeing the sale void. But the allegation that the plaintiff is the owner of the land, and that at the time the taxes became delinquent, and at'the time of sale and ever since,…
1Opinion of the Court
Maxwell, Oh. J.
The plaintiff is the owner and in possession of the north half of section 25, in township 8, range 13, in Otoe county. On the sixteenth day of- November, 1875, the land in question was sold by the treasurer of Otoe county to the defendant for the taxes of 1873, and certificates of purchase issued to said purchaser. *122In August, 1877, the plaintiff commenced this action in the district court of Otoe county, praying that said tax certificates may he declared null and void, etc.
The defendant filed a cross petition alleging that he purchased said lands for the delinquent taxes of…
2Cases cited1 opinion
- Johnson v. HahnNebraska Supreme Court · 1875
3Cited by6 opinions
- Grant v. BartholomewNebraska Supreme Court · 1899
- Miller v. HurfordNebraska Supreme Court · 1882
- Helphrey v. RedickNebraska Supreme Court · 1887
- Stegeman v. FaulknerNebraska Supreme Court · 1894
- Ledwich v. ConnellNebraska Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.