Germania Bank v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $5,270.-44 with interest, the amount of certificates of sale of real estate sold pursuant to judgment entered in the matter of a special assessment levied by defendant city. From an order, Kelly, J., sustaining a demurrer to the complaint, plaintiff appealed. The purchase at the tax sale is a contract. It is made under the law as it then exists, and upon the terms prescribed by the law. Cooley, Taxn.
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Action in the district court for Ramsey county to recover $5,270.-44 with interest, the amount of certificates of sale of real estate sold pursuant to judgment entered in the matter of a special assessment levied by defendant city. From an order, Kelly, J., sustaining a demurrer to the complaint, plaintiff appealed. The purchase at the tax sale is a contract. It is made under the law as it then exists, and upon the terms prescribed by the law. Cooley, Taxn. (2d Ed.) 545; Fleming v. Roverud, 80 Minn. 273, 275. The legislative enactments and the various proceedings taken by defendant up to the…
1Opinion of the CourtLovely, J.
This action was brought to recover $5,000 and upwards, the amount of several certificates of sale of real estate sold pursuant to tax judgments of the district court of Ramsey county. The lands *32in question were bid in by the respondent, and the certificates issued thereon assigned to the Germania Bank, upon an assessment legally made for the opening, widening, etc., of East Third street, in the city of St. Paul, from White Bear avenue to the east city limits.
The complaint, upon the sufficiency of which this contention arises, sets out fully all the steps taken in carrying out the improvement,…
2Cases cited4 opinions
- Valentine v. City of St. PaulSupreme Court of Minnesota · 1886
- McConville v. City of St. PaulSupreme Court of Minnesota · 1899
- Strickland v. City of StillwaterSupreme Court of Minnesota · 1895
- Flanagan v. City of St. PaulSupreme Court of Minnesota · 1896
3Cited by2 opinions
- Rogers v. City of St. PaulSupreme Court of Minnesota · 1902
- Pieper v. MacLarenSupreme Court of Minnesota · 1908