Wass v. Smith
Supreme Court of Minnesota
Action brought in the district court for Carlton county, under Gen. St. 1878, c. 75, § 2, to determine defendant’s adverse claim to real estate in that county. Defendant having answered, alleging title in himself and asking to be adjudged owner of the property, the plaintiff moved for judgment on the pleadings. The motion was granted by Stearns, J., and defendant appeals, from the judgment.
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Action brought in the district court for Carlton county, under Gen. St. 1878, c. 75, § 2, to determine defendant’s adverse claim to real estate in that county. Defendant having answered, alleging title in himself and asking to be adjudged owner of the property, the plaintiff moved for judgment on the pleadings. The motion was granted by Stearns, J., and defendant appeals, from the judgment. Both plaintiff and defendant set forth in detail, in their pleadings, the proceedings resulting in the tax titles under which they respectively claimed. The state is not entitled to recover twice the same…
1Opinion of the CourtBeeRT, J.
The land in controversy was bid in by the state at the regular tax sale in 1880 for the taxes of 1879, delinquent June 1, 1880. No redemption nor any assignment by the state having taken place, the land was, in November, 1884, duly sold and conveyed to the plaintiff, under the direction of the state auditor and pursuant to law. The defendant’s title comes from a tax sale in September, 1881, under Laws 1881, c. 135, to enforce payment of taxes delinquent prior to 1879; but the judgment upon which the sale was made wrongfully included, with other taxes, the amount of the taxes for 1879,…
2Cases cited4 opinions
- Kipp v. DawsonSupreme Court of Minnesota · 1884
- Langley v. ChapinMassachusetts Supreme Judicial Court · 1883
- Robbins v. BarronMichigan Supreme Court · 1875
- Board of Regents of Kansas State Agricultural College v. LinscottSupreme Court of Kansas · 1883
3Cited by9 opinions
- Jaicks v. OppenheimerSupreme Court of Missouri · 1915
- State ex rel. Brown v. Board of Public WorksSupreme Court of Minnesota · 1916
- State v. CampSupreme Court of Minnesota · 1900
- Keen v. SheehanMassachusetts Supreme Judicial Court · 1891
- Midway Realty Co. v. City of St. PaulSupreme Court of Minnesota · 1914
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