Ohlwine v. Bushnell
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon, Alva E-Taylor, Judge. Action by Maggie Ohlwine against M. A. Bushnell, and LH. Jones, Treasurer of Beadle County, to enjoin Bushnell from taking out a tax deed, and Jones from issuing a tax deed upon plaintiff’s land. From a judgment for plaintiff, defendant Bus'h-nell appeals.
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Appeal from Circuit Court, Beadle County. Hon, Alva E-Taylor, Judge. Action by Maggie Ohlwine against M. A. Bushnell, and LH. Jones, Treasurer of Beadle County, to enjoin Bushnell from taking out a tax deed, and Jones from issuing a tax deed upon plaintiff’s land. From a judgment for plaintiff, defendant Bus'h-nell appeals. Said tax deed fails to state the bid made by the purchaser, as required by section 1639, Code of 1887. Section 1639 (1S87) requires the deed to contain recitals showing the purchaser to be the best bidder. When the- law, by Chap. 14, Laws 1891, and Ch. 158, Laws 1893,…
1Opinion of the CourtSmith, J.
Appeal from the circuit court of Beadle county. Plaintiff alleges that she is the owner of certain lots in the city of Huron; that her title was derived through a tax deed, which is *429set out in full in the complaint. The questions upon this appeal are as to validity of this tax deed. Trial to the court. Findings of fact, conclusions of law, and judgment for plaintiff. Defendant appeals.
From the tax deed it appears that on November 6, 1893, the lots were sold for taxes of 1892, amounting to $17.83. The deed contains the recital, “The lots were offered at public auction, but not sold for the…
2Cases cited13 opinions
- Kentucky Railroad Tax CasesSupreme Court of the United States · 1885
- Garrison v. City of New YorkSupreme Court of the United States · 1875
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- County of Santa Clara v. Southern Pac. R. Co.United States Circuit Court · 1883
- Mutual Fire Insurance v. DealeCourt of Appeals of Maryland · 1861
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3Cited by3 opinions
- State ex rel. Payne v. ReevesSouth Dakota Supreme Court · 1921
- Wheelon v. South Dakota Land Settlement BoardSouth Dakota Supreme Court · 1921
- Young v. Mayor of CumberlandCourt of Appeals of Maryland · 1936