State ex rel. Langsdale v. Auditor of Marion County
Indiana Supreme Court
APPEAL from the Marion Circuit Court. This was a proceeding instituted to require the auditor of Marion county, to issue an order to the county treasurer, according to the provisions of sec. 117, eh. 12, 11. S., to refund the money paid by Langsdale, as purchaser of a certain tract of land sold for state and county taxes. The land was mortgaged to the state in 1836, to secure a loan made by the commissioners of the sinking fund.
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APPEAL from the Marion Circuit Court. This was a proceeding instituted to require the auditor of Marion county, to issue an order to the county treasurer, according to the provisions of sec. 117, eh. 12, 11. S., to refund the money paid by Langsdale, as purchaser of a certain tract of land sold for state and county taxes. The land was mortgaged to the state in 1836, to secure a loan made by the commissioners of the sinking fund. On the 14th of August, 1845, by reason of the failure of the mortgagor to pay the interest due on said loan, it was offered for sale according to the terms of the…
1Opinion of the CourtSmith, J.
— “ The only question presented is, whether the land was legally liable to be sold for these taxes. By an act approved January 13th, 1845, (Acts of 1845,) p. 19, it is provided, that in all cases of sales heretofore made by the state through the commissioners of the sinking fund, of lands or lots bid in for the state, for a failure of mortgagors to said fund to pay the principal or interest on their loans, and in all cases of future sales of lands or lots bid in for the state, and in all cases of sales heretofore made or hereafter to be made upon foreclosure of mortgages to said fund, when…
2Cited by1 opinion
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