American Inv. Co. v. Thayer
South Dakota Supreme Court
Appeal from circuit court, Hyde county. Hon. Howard Gr. Fuller, Judge. Petition for a writ of mandamus. Prom an order sustaining a demurrer to the petition, petitioner appeals. The facts are stated in the opinion. Persons investing their funds in the open market take the risks and profits of tlieir investment correlatively.
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Appeal from circuit court, Hyde county. Hon. Howard Gr. Fuller, Judge. Petition for a writ of mandamus. Prom an order sustaining a demurrer to the petition, petitioner appeals. The facts are stated in the opinion. Persons investing their funds in the open market take the risks and profits of tlieir investment correlatively. Sullivan v. Davis, 29 Kan. 28; City v. Humphrey, 84 Ind. 467; McWliinney v. Indianapolis, 98 Ind. 182; Pice v. Auditor-, 30 Mich. 12; Loomis v. Los Angeles, 59 Cal. 456; Hyde v. Supervisors, 43 Wis. 129.
1Opinion of the Court
.KellaM, J.
This is an appeal from an order of the circuit court for Hyde county refusing a mandamus requiring the treasurer of said county to refund the amount of a certain tax-sale certificate and subsequent taxes paid by appellant. The taxed land was entered in 1884 by one Hoggatt, but his entry was subsequently cancelled by the commissioner of the general land office in 1890. The land was sold for the delinquent taxes of 1885. The appellant, becoming- the owner of the sale certificate, paid the subsequently accruing taxes up to and including the taxes of 1889. Its claim to have the amount…
2Cases cited5 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- Cutting v. TaylorSouth Dakota Supreme Court · 1892
- Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1881
- American Inv. Co. of Emmetsburgh v. County of BeadleSouth Dakota Supreme Court · 1894
3Cited by6 opinions
- State ex rel. Pierce v. SlusherOregon Supreme Court · 1926
- In Re Estate of ScottSouth Dakota Supreme Court · 1965
- Union Pac. R. Co. v. Board of Com'rs of Weld County, Colo.Court of Appeals for the Eighth Circuit · 1914
- Federal Farm Mortgage Corp. v. NoelSouth Dakota Supreme Court · 1939
- Federal Deposit Insurance Corp. of Washington v. EnstenessSouth Dakota Supreme Court · 1942
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