Legal Opinion

Lohn v. Luck Land Co.

Supreme Court of Minnesota

Decided May 21, 1915No. Nos. 19,062-(48)PublishedCited by 3 opinions

Action in the district court for Mahnomen county to determine defendant’s adverse claim to certain real estate under a certain tax certificate. The case was tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff, subject to defendant’s lien for the sum of $102.58 taxes paid, and in favor of defendant for the amount of taxes. Erom the judgment entered pursuant to the order for judgment, defendant appealed.

1Opinion of the CourtHolt, J.

The action is evidently intended to be brought under section 2170, G. S. 1913, to remove the cloud cast upon plaintiff’s title by a tax certificate. Judgment was rendered for the relief asked by plaintiff and determining the amount of the lien defendant was entitled to for taxes paid by it. The judgment recites that the amount so determined had been paid into court. Defendant appeals, asserting that it established a valid tax title.

Plaintiff and defendant claimed title from the same grantor. Plaintiff’s title was first in point of time. It is virtually conceded that defendant cannot prevail…

2Cases cited3 opinions

  1. Mueller v. JacksonSupreme Court of Minnesota · 1888
  2. Sterling v. UrquhartSupreme Court of Minnesota · 1903
  3. Foster v. McClureSupreme Court of Minnesota · 1913

3Cited by3 opinions

  1. Gordon v. PalmerSupreme Court of Minnesota · 1924
  2. Johnson v. MurphySupreme Court of Minnesota · 1916
  3. McHardy v. StateSupreme Court of Minnesota · 1943

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