Legal Opinion

Countryman v. Wasson

Supreme Court of Minnesota

Decided December 4, 1899No. Nos. 11,833—(114)PublishedCited by 5 opinions

Action in the district court for Traverse county by plaintiff as receiver of Frederick T. Day, insolvent, to determine adverse claims. The case was tried before C. L. Brown, J., who found in favor of defendant; and from a judgment entered pursuant to the findings, plaintiff appealed.

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Action in the district court for Traverse county by plaintiff as receiver of Frederick T. Day, insolvent, to determine adverse claims. The case was tried before C. L. Brown, J., who found in favor of defendant; and from a judgment entered pursuant to the findings, plaintiff appealed. If the interpretation of the statute is as defendant contends, the purchaser at a subsequent tax sale without redemption would take a title which would cut out the claims of the state on a prior sale at which it had bid in the land. Berglund v. Graves, 72 Minn. 148. That this is the rule, and that it applies as…

1Opinion of the Court

MITCHELL, J.1

Action to determine adverse claims to real estate.

The plaintiff holds the patent title, and is the owner of the land,. unless his title has been extinguished by the tax titles under which the defendant claims. The defendant holds and claims under three tax titles, to wit: (1) An absolute tax deed from the state, dated *246July 8,1895, of the land as forfeited for the taxes of 1890, for which it was bid in for the state at the annual tax sale in May, 1892; (2) a tax certificate to an actual purchaser for taxes of 1891 at the annual tax sale in May, 1893; (3) a tax assignment…

2Cases cited2 opinions

  1. Berglund v. GravesSupreme Court of Minnesota · 1898
  2. Mayor of Nashville v. CowanTennessee Supreme Court · 1882

3Cited by5 opinions

  1. State v. CampSupreme Court of Minnesota · 1900
  2. Oakland Cemetery Ass'n v. County of RamseySupreme Court of Minnesota · 1906
  3. Forbes v. StreamSupreme Court of Minnesota · 1912
  4. Gates v. KeigherSupreme Court of Minnesota · 1906
  5. State v. CampSupreme Court of Minnesota · 1900

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