Baker v. Kelley
Supreme Court of Minnesota
The plaintiffs brought this action in the district court for Bamsey county, Sept. 2,1864, to eject the defendant from certain lands in said county. The defense set up was a tax title under a tax sale made Feb. 12, 1863, under the act relating to such sales of the 11th of March, 1862. The tax deed was made and recorded, May 28, 1863. Trial was had, and the jury found a verdict for the defendant, upon which judgment was perfected.
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The plaintiffs brought this action in the district court for Bamsey county, Sept. 2,1864, to eject the defendant from certain lands in said county. The defense set up was a tax title under a tax sale made Feb. 12, 1863, under the act relating to such sales of the 11th of March, 1862. The tax deed was made and recorded, May 28, 1863. Trial was had, and the jury found a verdict for the defendant, upon which judgment was perfected. The plaintiffs sued out a writ of error, and removed the cause to this court. A sufficient statement-©! the case will be found in the opinion of the court. I. The…
1Opinion of the Court
By the Oov/rt
Wilson, Ch. J.-
This is an action of ejectment, and the defense a tax title. The defendant, to establish his defense, offered in evidence the tax deed, and rested.
*488The plaintiff thereupon offered to show that the lands described in the tax deed had not been advertised for sale by the auditor as required by the statute. The defendant objected to the reception of this evidence as incompetent and immaterial, as the suit had not been commenced within one year after the record of the tax deed. The objection was sustained by the court and the plaintiff’s counsel excepted to the ruling.…
2Cases cited2 opinions
- Weller v. City of St. PaulSupreme Court of Minnesota · 1860
- Hazell v. ShelbyIllinois Supreme Court · 1849
3Cited by42 opinions
- Contos v. HerbstSupreme Court of Minnesota · 1979
- Bank of Lemoore v. FulghamCalifornia Supreme Court · 1907
- Eustis v. City of HenriettaTexas Supreme Court · 1897
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
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