Lohr v. Curley
Idaho Supreme Court
APPEAL from the Ninth Judicial District for Bonneville County. Hon. James G. Grwinn, Judge. Action to quiet title to certain property in Idaho Falls. Judgment for defendant. A payment to the proper officer is a sufficient payment of the tax, whether the county actually gets the money or not; the tax lien is thereby discharged, and the county has no right thereafter to sell the property and can acquire no equity therein by such a sale.
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APPEAL from the Ninth Judicial District for Bonneville County. Hon. James G. Grwinn, Judge. Action to quiet title to certain property in Idaho Falls. Judgment for defendant. A payment to the proper officer is a sufficient payment of the tax, whether the county actually gets the money or not; the tax lien is thereby discharged, and the county has no right thereafter to sell the property and can acquire no equity therein by such a sale. Such a sale is void and the assignee of such certificate can acquire no equity in the land. {Griffith v. Anderson, 22 Ida. 323, 125 Pac. 218; Taylor v. Debritz,…
1Opinion of the CourtBudge, J.
— This suit is one in equity and is, in effect, to set aside a former judgment between the parties wherein the title of the appellant to lot 33, of block 44, of Crow’s Addition to the city of Idaho Falls was, by an action brought by the respondent, quieted in him. Service was had of the summons in said action by publication, and default was taken against the appellant.
The original complaint in this suit was filed on December 5, 1912, and the answer and cross-complaint thereto were filed on April 12, 1913. Subsequently the plaintiff, by leave of the court, filed an amended complaint, to which…
2Cases cited13 opinions
- Parsons v. WeisCalifornia Supreme Court · 1904
- Hayes v. County of Los AngelesCalifornia Supreme Court · 1893
- Dunlap v. SteereCalifornia Supreme Court · 1891
- Bullock v. WallaceWashington Supreme Court · 1907
- Keister v. RankinAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by3 opinions
- Evans v. HallasArizona Supreme Court · 1946
- Lawrence v. CorbeilleIdaho Supreme Court · 1919
- Danz v. LockhartIdaho Court of Appeals · 1998