Legal Opinion

Gutzwiller v. Crowe

Supreme Court of Minnesota

Decided May 5, 1884PublishedCited by 7 opinions

Action, brought in the district court for Wright county, to determine defendant’s adverse claims to certain vacant land in that county. Plaintiff’s claim of title was founded on a tax judgment and sale in 1876 for the taxes of 1875. The action was tried by Koon, J., who held the judgment and sale valid and ordered judgment for plaintiff, which was entered, and the defendant appealed.

1Opinion of the Court

Berry, J.1

That part of the tax judgment objected to in this ease is as follows:

Amount of taxes Penalties and interest before j udgment. Clerk’s fees and advertising. Total amount of judgment.

87 40 30 57

The objection is that the judgment is indefinite, because there is nothing to show whether its amount is any sum of money, or (if any) what sum. We are all of opinion that the amount is sufficiently *71stated as seven dollars and fifty-seven cents. As held by this court in Tidd v. Rines, infra, the figures 7 | 57, under the heading, “Total amount of judgment,” in “reasonable intendment,” denote…

2Cases cited1 opinion

  1. Tidd v. RinesSupreme Court of Minnesota · 1879

3Cited by7 opinions

  1. Washington Timber & Loan Co. v. SmithWashington Supreme Court · 1904
  2. Reid v. Southern Development Co.Supreme Court of Florida · 1906
  3. Smith v. HeadleySupreme Court of Minnesota · 1885
  4. Texas Building & Mortgage Co. v. MorrisCourt of Appeals of Texas · 1938
  5. Collins v. WelchSupreme Court of Minnesota · 1887

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