Deaver v. Napier
Supreme Court of Minnesota
Action in the district court for Hennepin county to determine adverse claims to vacant and unoccupied land. The answer alleged that for many years defendant had been the owner in fee simple and in exclusive possession and had paid the taxes.
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Action in the district court for Hennepin county to determine adverse claims to vacant and unoccupied land. The answer alleged that for many years defendant had been the owner in fee simple and in exclusive possession and had paid the taxes. The case was tried before Molyneaux, J., who at the close of the testimony denied defendant’s motion to dismiss the action and her motion for judgment, made findings and ordered judgment in favor' of plaintiff, subject to a lien of defendant for $326.64, to satisfy which it was ordered that the property be sold. From an order denying her motion for a new…
1Opinion of the Court
Dibell, C.
Action to determine adverse claims. There were findings for the plaintiff upon the issue as to title. The defendant was given a lien for the amount paid for tax certificates and for subsequent taxes paid, and interest. He appeals from the order denying his motion for a new trial.
1. The plaintiff has the fee title. The defendant has a tax title. The action is the ordinary one under G. S. 1913, § 8060, to determine adverse claims. By G. S. 1913, §§ 2168-2170, it is nrovided that in any action to set aside a tax judgment or tax certificate or to remove a cloud created by a tax…
2Cases cited5 opinions
- Mueller v. JacksonSupreme Court of Minnesota · 1888
- Culligan v. Cosmopolitan Co.Supreme Court of Minnesota · 1914
- Foster v. CliffordSupreme Court of Minnesota · 1910
- Jewell v. TruhnSupreme Court of Minnesota · 1888
- Sterling v. UrquhartSupreme Court of Minnesota · 1903
3Cited by9 opinions
- State Ex Rel. Synod of Ohio of United Lutheran Church in America v. JosephOhio Supreme Court · 1942
- Barry v. HallCourt of Appeals for the D.C. Circuit · 1938
- Mulhall v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1921
- State Ex Rel. Wenatchee Congregation of Jehovah's Witnesses v. City of WenatcheeWashington Supreme Court · 1957
- Roney v. Dothan Produce Co.Supreme Court of Alabama · 1928
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