Legal Opinion

Plowman v. Morden

South Dakota Supreme Court

Decided April 20, 1914PublishedCited by 5 opinions

. Appeal from 'Circuit Court, Lawrence County. Hon. William G. Ric®, Judge. Action by Adoniram J. Plowman ag-ainst Samuel E. Morden, •to quiet title to realty. From a judgment - for -defendant, and from an order denying a new trial, plaintiff appeals. The purchase by the county at public sale is void.

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. Appeal from 'Circuit Court, Lawrence County. Hon. William G. Ric®, Judge. Action by Adoniram J. Plowman ag-ainst Samuel E. Morden, •to quiet title to realty. From a judgment - for -defendant, and from an order denying a new trial, plaintiff appeals. The purchase by the county at public sale is void. (S. D.) Joy v. Midland State Bank, 128 N. W. page 152 (End of second column.) ; (S. D.) Reckett v. Knight, 16 S. D. 395, 92 N. W. 1077. The -defendant has not paid all -taxes- legally assessed on this NWJ4 of Section 25 during' ten years, or -during- any ten year period, h-en-ce n-o- -title has…

1Opinion of the CourtGates, J.

[1] This is an action begun July 7, 1910, to quiet-title to 320 acres of land in Lawrence county. The defendant claims under a tax deed dated August 21, 1897, and recorded on August 23, 1897, issued upon a sale for the taxes of 1892. The sale was made to Lawrence county.' The deed is void upon its face because it recites that the county was a competitive bidder at said sale. Reckitt v. Knight, 16 S. D. 395; 92 N. W. 1077; Joy v. Midland State Bank, 26 S. D. 244, 128 N. W. 147.

The learned trial court found: That the said defendant, Sam-uel E. Morden, in good faith has paid all of the taxe-s…

2Cases cited11 opinions

  1. McDonald v. McCoyCalifornia Supreme Court · 1898
  2. Webber v. WannemakerSupreme Court of Colorado · 1907
  3. Cain v. EhrlerSouth Dakota Supreme Court · 1914
  4. Irving v. BrownellIllinois Supreme Court · 1849
  5. Reckitt v. KnightSouth Dakota Supreme Court · 1902

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Melby v. AndersonSouth Dakota Supreme Court · 1936
  2. McGrail v. FieldsNew Mexico Supreme Court · 1949
  3. Bowen v. OlsonUtah Supreme Court · 1954
  4. Froelich v. SwaffordSouth Dakota Supreme Court · 1914
  5. Judd v. MeoskaSouth Dakota Supreme Court · 1957

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