Kipp v. Elwell
Supreme Court of Minnesota
Action in the district court for Anoka county to determine the adverse claim of defendant to certain land. Plaintiff based her title on a sale made October 12, 1893, under a judgment in proceedings to enforce payment of taxes by virtue of Laws 1893, c. 150. The case was tried before Smith, J., who found as facts substantially as follows: (1) That on and prior to October 12, 1893, defendant was owner in fee of an undivided half of the land, and that he became the owner…
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Action in the district court for Anoka county to determine the adverse claim of defendant to certain land. Plaintiff based her title on a sale made October 12, 1893, under a judgment in proceedings to enforce payment of taxes by virtue of Laws 1893, c. 150. The case was tried before Smith, J., who found as facts substantially as follows: (1) That on and prior to October 12, 1893, defendant was owner in fee of an undivided half of the land, and that he became the owner thereof in 1892; that prior to that time the land was owned by Pace and Mortin, and was assessed in their name from 1857 to…
1Opinion of the CourtCollins, J.
There is no question but that the claim of the state
for taxes upon the land herein involved (judgment for the amount of such taxes having been entered August 20,1881, under the provisions of Laws 1881, c. 135) was barred by the statute of limitations 2 prior to the enactment of Laws 1893, c. 150, and that it was not in the power of the legislature to revive the lien. Pine County v. Lambert, 57 Minn. 203, 58 N. W. 990. So that if defendant, as the owner of an undivided half of the land, had answered in the proceedings had under the statute last mentioned, pleading the statute of limitation in…
2Cases cited1 opinion
- Pine County v. LambertSupreme Court of Minnesota · 1894
3Cited by5 opinions
- Cool v. KellySupreme Court of Minnesota · 1899
- State v. BellinSupreme Court of Minnesota · 1900
- State v. KippSupreme Court of Minnesota · 1897
- State v. WardSupreme Court of Minnesota · 1900
- Folsom v. WhitneySupreme Court of Minnesota · 1905