Walton v. Perkins
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Rice-county, Buckham, J., presiding, overruling a demurrer to the complaint.
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Appeal by defendant from an order of the district court for Rice-county, Buckham, J., presiding, overruling a demurrer to the complaint. The complaint alleged, substantially, the following facts: That plaintiff is, and has been since 1861, the owner of certain described premises in the county. ' That in 1878, the defendant, claiming to own the same “by virtue of a pretended and alleged sale thereof for non-payment of taxes claimed to have been assessed thereon in each of the years, 1871, 1872, 1873, 1874 and 1875, sold and conveyed, them to one Noska. That Noska, to secure a part of the…
1Opinion of the CourtGilfillan, C. J.
This complaint is clearly drawn as a bill in equity, under the former system of pleading, to procure the cancellation of a mortgage, on the ground that it is a cloud on plaintiff’s title, and it is equally clear that it intends to call in question only the tax sale which it refers to; for, if that was a valid sale, vesting the title in defendant, plaintiff, being divested of his title, is not in position to impeach the deed from defendant to Noska, nor the mortgage from Noska to defendant; and there is no attempt to impeach them, unless by attacking the tax sale, for the complaint alleges as…
2Cases cited3 opinions
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
- Bonfanti v. StateSupreme Court of Minnesota · 1858
- Foster v. BerkeySupreme Court of Minnesota · 1863
3Cited by26 opinions
- Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Hanna v. HopeOregon Supreme Court · 1917
- Blakemore v. RobertsNorth Dakota Supreme Court · 1903
- Myrick v. CoursalleSupreme Court of Minnesota · 1884
- School-District No. 73 v. WrabeckSupreme Court of Minnesota · 1883
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