Larson v. Peppard
Montana Supreme Court
Appeal from District Court, Missoula County; F. C. Webster, Judge. Suit by Margaret Larson, executrix, and others against O. E. Peppard. From a decree granting partial relief, plaintiffs appeal. The provisions of the statutes concerning assessments and sales for delinquent taxes, especially where the same are in peremptory language, are mandatory, must be strictly construed, and must be at least substantially complied with.
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Appeal from District Court, Missoula County; F. C. Webster, Judge. Suit by Margaret Larson, executrix, and others against O. E. Peppard. From a decree granting partial relief, plaintiffs appeal. The provisions of the statutes concerning assessments and sales for delinquent taxes, especially where the same are in peremptory language, are mandatory, must be strictly construed, and must be at least substantially complied with. Failing in this, the title of the owner of the property sold cannot be divested nor encumbered. (Birney v. Warren, 28 Mont. 68, 72 Pae. 293; Cooley on Taxation, 2d ed.,…
1Opinion of the CourtJustice Holloway
This action was commenced in the district court of Missoula, county by Peter Larson against O. E. Peppard for the purpose *131of having determined any adverse claim of the defendant to certain pieces and parcels of land situated in the city of Missoula, and claimed to be owned by, and in the possession of, plaintiff and the heirs at law of one John "Woods, deceased. The plaintiff died, and the personal representatives of his estate were substituted as plaintiffs. The complaint is in the ordinary form of actions to quiet title. The prayer is that the defendant be required to set forth the nature…
2Cases cited15 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- State Finance Co. v. BeckNorth Dakota Supreme Court · 1906
- Hart v. SmithWisconsin Supreme Court · 1878
- Douglas v. City of FargoNorth Dakota Supreme Court · 1904
- Denman v. SteinbachWashington Supreme Court · 1902
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3Cited by18 opinions
- Wright v. BrooksMontana Supreme Court · 1913
- Frisbee v. CoburnMontana Supreme Court · 1935
- Dahlberg v. LannenMontana Supreme Court · 1929
- Quirin v. WeinbergMontana Supreme Court · 1992
- Perham v. PutnamMontana Supreme Court · 1928
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