Knudson v. Curley
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Fillmore county, where the action was tried by Farmer, J., without a jury.
1Opinion of the CourtMitchell, J.
The complaint' in this action was clearly drawn as a bill in equity, under the former system of pleading, to set aside a tax sale and the certificate issued thereon as being a cloud upon plaintiff’s title. The order in which the trial was proceeded with in *434the introduction of evidence, corroborates this view, the plaintiff assuming the burden of proving the cloud and its invalidity.
The complaint was not good as one to remove a specific cloud from the title, because it alleges no facts showing that the tax sale or certificate was not valid; the only allegation in that regard being “that said…
2Cases cited1 opinion
- Walton v. PerkinsSupreme Court of Minnesota · 1881
3Cited by12 opinions
- Kipp v. DawsonSupreme Court of Minnesota · 1884
- Farnham v. JonesSupreme Court of Minnesota · 1884
- State v. BaldwinSupreme Court of Minnesota · 1895
- Oakland Cemetery Ass'n v. County of RamseySupreme Court of Minnesota · 1906
- Feller v. ClarkSupreme Court of Minnesota · 1887
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