Trustee Loan Co. v. Botz
North Dakota Supreme Court
Appeal from the District Court of Ward County, Leighton, J. Where there is jurisdiction to sell the land for taxes, ’the fact that an erroneous item was included which rendered the amount excessive will not defeat the whole sale. Beggs v. Paine, 15 N. D. 436, 109 N. W. 322; Smith v. Auditor General, 138 Mich. 582, 101 N. W. 807; Hall v. Moore, 3 Neb.
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Appeal from the District Court of Ward County, Leighton, J. Where there is jurisdiction to sell the land for taxes, ’the fact that an erroneous item was included which rendered the amount excessive will not defeat the whole sale. Beggs v. Paine, 15 N. D. 436, 109 N. W. 322; Smith v. Auditor General, 138 Mich. 582, 101 N. W. 807; Hall v. Moore, 3 Neb. (Hnof.) 574, 92 N. W. 294; Shuttuck v. Smith, 6 N. D. 73, 69 N. W. 5; Darling v. Purcell, 13 N. D. 288, 100 N. W. 726. Parties in interest are given relief from such errors without disturbing the sale. Laws 1897, chap. 67, p. 85; Comp. Laws 1913,…
1ConcurrenceChristianson, J.
I concur in an affirmance of tbe judgment appealed from, on tbe sole ground that no legal notice of expiration of redemption was given, and consequently tbe tax deed under which tbe plaintiff claims title is void.
Tbe premises involved herein are lots 7, 19, and 20 of block 5 in tbe original town site of Minot. It appears from tbe certificates of tax sale offered in evidence upon tbe trial that these lots were sold as separate parcels at tbe tax sale held December 14, 1909, and that separate tax certificates were issued for each lot. Lot 7 was sold for $51.94; lot 19, for $38.53; and lot 20,…
2Cases cited9 opinions
- Adams v. BealeSupreme Court of Iowa · 1865
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
- Jackson v. MasonMichigan Supreme Court · 1906
- Miller v. MillerCalifornia Supreme Court · 1892
- John Duncan Land & Mining Co. v. RuschMichigan Supreme Court · 1906
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