Legal Opinion

McHenry v. Roper

North Dakota Supreme Court

Decided May 28, 1898PublishedCited by 1 opinion

Appeal from District Court, Stutsman County; Rose, J. Action by Edwin H. McHenry and Frank G. Bigelow, receivers of the Northern Pacific Railroad Company, against J. J. Roper, as treasurer of Stutsman County, and others, to set aside certain tax sales and deeds. From a judgment canceling the deeds, but giving the holders judgment against the receivers for the amount of the taxes, plaintiffs appeal. This case is ruled by the decision of the Supreme Court of the United States.

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Appeal from District Court, Stutsman County; Rose, J. Action by Edwin H. McHenry and Frank G. Bigelow, receivers of the Northern Pacific Railroad Company, against J. J. Roper, as treasurer of Stutsman County, and others, to set aside certain tax sales and deeds. From a judgment canceling the deeds, but giving the holders judgment against the receivers for the amount of the taxes, plaintiffs appeal. This case is ruled by the decision of the Supreme Court of the United States. McHenry v. Alford, 18 Sup. Ct. Rep. 242, and Wells County v. McHenry, 7 N. D. 246, 74 N. W. Rep. 241. In a case tried…

1Opinion of the CourtCorliss, C. J.

The only question before us is one of practice. Upon the merits, if we can reach the merits, the plaintiffs are entitled to judgment. The action was commenced to set aside certain tax sales and deeds for taxes levied in 1888 upon lands belonging to the Northern Pacific Railroad Company under the grant made to it by congress in 1864. The answer contained admissions which bring the case within our decision in the case of Wells Co. v. McHenry, 7 N. D. 246, 74 N. W. Rep. 241, holding that such lands were exempt from taxation during the year 1888. It therefore appears to us, upon the face of the…

2Cases cited1 opinion

  1. Wells County v. McHenryNorth Dakota Supreme Court · 1898

3Cited by1 opinion

  1. Brandenburg v. PhillipsNorth Dakota Supreme Court · 1909

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