Power v. Larabee
North Dakota Supreme Court
P PE AL from district Roderick Rose, Judge. court, Barnes county; Hon. Action to quiet title. Judgment for defendant. Plaintiff appeals. The tax sale and tax deed being confessedly void, there is no presumption of the regularity of any anterior proceeding. A tax deed loses its character as evidence when it is shown that in any essential particular the proceedings on which it depends were irregular. Lacy v. Davis, 4 Mich. 140-157; Case v. Dean, 16 Mich. 12, 84, 87; Ambergv.
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P PE AL from district Roderick Rose, Judge. court, Barnes county; Hon. Action to quiet title. Judgment for defendant. Plaintiff appeals. The tax sale and tax deed being confessedly void, there is no presumption of the regularity of any anterior proceeding. A tax deed loses its character as evidence when it is shown that in any essential particular the proceedings on which it depends were irregular. Lacy v. Davis, 4 Mich. 140-157; Case v. Dean, 16 Mich. 12, 84, 87; Ambergv. Rogers, 9 Mich. 332; Grosbeck v. Sealy, 13 Mich. 414; Rayburn v. Kuhl, 10 Iowa 92; Cooper v. Shepardson, 51 Cal. 299;…
1ConcurrenceCorliss, C. J.
(concurring specially.) In view of the importance of the questions involved, of the dissent upon one of the points discussed, §nd of the opinion in Bode v. Investment Co., 1 N. D. 121, 45 N. W. Rep. 197, in which I concurred, I deem it my duty to express my views in a separate opinion. Our safest guides are the landmarks of principle. The de*153cisions, it must be confessed, are in an unsatisfactory state. Palling back upon tbe very elements of tbe law, we find it is tbe undoubted constitutional right of tbe citizen to insist that at some step of tbe tax proceedings be shall be beard. This right…
2Cases cited21 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Taylor v. SecorSupreme Court of the United States · 1876
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Stuart v. . PalmerNew York Court of Appeals · 1878
- McMillen v. AndersonSupreme Court of the United States · 1877
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