Legal Opinion

Arendts v. Best

North Dakota Supreme Court

Decided November 16, 1917Published

From a judgment of the District Court of Eansom County, Honorable Frank P. Allen, Judge, defendant appeals. Current or delinquent taxes upon real estate must be paid before the county auditor shall enter the transfer, or before deed conveying the property can be recorded. Comp, laws 1913, §§ 2166, 2169, 2174, 2186, 2212; Danforth v. McCook County, 11 S. D. 258, 74 Am.

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From a judgment of the District Court of Eansom County, Honorable Frank P. Allen, Judge, defendant appeals. Current or delinquent taxes upon real estate must be paid before the county auditor shall enter the transfer, or before deed conveying the property can be recorded. Comp, laws 1913, §§ 2166, 2169, 2174, 2186, 2212; Danforth v. McCook County, 11 S. D. 258, 74 Am. St. Eep. 808, 76 N. W. 940. The failure of the county auditor to bring forward personal taxes for preceding years, and extend them upon the real estate tax list, and to sell the land on which they were a lien, does not, as…

1Opinion of the Court

' Christianson, J.

Plaintiff applied to tbe district court of Ransom 'county for a writ of mandamus to compel tbe defendant, as county auditor, to transfer a certain deed. Tbe district court directed tbe writ to issue, and defendant appeals. Tbe material undisputed facts are: On December 28th, 1916, tbe plaintiff purchased a lot in tbe city of Lisbon, in Ransom county, from one Phoebe A. Curtis, tbe then record owner thereof. On that same day plaintiff received from her a warranty deed for said premises. On February 3, 1917, tbe plaintiff presented tbe deed to tbe defendant county auditor,…

2Cases cited1 opinion

  1. First National Bank v. KellyNorth Dakota Supreme Court · 1917

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