Legal Opinion · Dissent

Clifford v. Hyde County

South Dakota Supreme Court

Decided November 17, 1909Published

Appeal from Circuit Court, Hycle County. Lion. Lymam T. Boucii^R, Judge. Action by Ellen Clifford against Hyde County and another to set aside a tax judgment and certificate. From á judgment for complainant, defendants appeal.

1DissentWhiting, J.

I am unable to concur in the opinion of Justice McCOY for the reason that I am of the opinion that the tax judgment, while voidable and subject to have been set aside in a proper proceeding, was not void, and that therefore the sale thereon was regular and the title not open to question after two years.

I think a careful examination of cases cited in the opinion will show that they are of little weight, the cases in the Northwestern Reporter are all from Michigan, and the one in 118 Mich. 87, 76 N. W. 161, states that decision is based, not on ground of being a matter of special jurisdiction…

2Cases cited6 opinions

  1. Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
  2. Peninsular Savings Bank v. WardMichigan Supreme Court · 1898
  3. Allen v. McCabeSupreme Court of Missouri · 1887
  4. Mitchell v. AtenSupreme Court of Kansas · 1887
  5. Chouteau v. HuntSupreme Court of Minnesota · 1890

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