Eide v. Clarke
Supreme Court of Minnesota
Appeal by plaintiff, Sam R. Fide, from a judgment of the District Court of Swift County, Gorham Poivers, J., entered June 8, 1893. Plaintiff was in possession of and claimed to own in fee the north half of the southwest quarter and the south half of the northwest quarter of section twenty three (23), T. 121, R. 39, in Swift County and commenced this action October 15, 1891, under 1878 G. S. ch. 75, § 2, to determine the adverse claims of the defendant, Nathaniel P. Clarke.
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Appeal by plaintiff, Sam R. Fide, from a judgment of the District Court of Swift County, Gorham Poivers, J., entered June 8, 1893. Plaintiff was in possession of and claimed to own in fee the north half of the southwest quarter and the south half of the northwest quarter of section twenty three (23), T. 121, R. 39, in Swift County and commenced this action October 15, 1891, under 1878 G. S. ch. 75, § 2, to determine the adverse claims of the defendant, Nathaniel P. Clarke. He answered that Martin Merrick mortgaged the land January 20, 1878, with covenants to Catharine Swift for $672 and…
1Opinion of the CourtCanty, J.
Plaintiff brought the statutory action to determine adverse claims to the real estate in question. Whether he has title to the land depends on whether or not the tax sales hereinafter specified have ripened into titles. The defendant claims a lien as mortgagee under a mortgage from the holder of the title acquired by the government patent.
'On the trial by the court below without a jury the court found that the tax sales were valid, but that no notice of the time when the right to redeem from such tax sales would expire had ever been given, and that, therefore, the time to redeem had not…
2Cases cited4 opinions
- Wakefield v. DaySupreme Court of Minnesota · 1889
- Mitchell v. McFarlandSupreme Court of Minnesota · 1891
- Western Land Ass'n v. McComberSupreme Court of Minnesota · 1889
- Sperry v. GoodwinSupreme Court of Minnesota · 1890
3Cited by9 opinions
- Red Owl Stores, Inc. v. Commissioner of TaxationSupreme Court of Minnesota · 1962
- Merle-Smith v. Minnesota Iron Co.Supreme Court of Minnesota · 1935
- McHardy v. StateSupreme Court of Minnesota · 1943
- Odunlade v. City of MinneapolisSupreme Court of Minnesota · 2012
- Sterling v. UrquhartSupreme Court of Minnesota · 1903
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