Leach v. Rolette County
North Dakota Supreme Court
Appeal from tbe District Court of Bolette County, Gowan, JV Tbe evidence, tbe decree of tbe United States circuit court offered in tbe case, fails to show that the sale of lands as provided in tbe Woods law has been declared void. There is only an attempted nullity of tbe taxes.
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Appeal from tbe District Court of Bolette County, Gowan, JV Tbe evidence, tbe decree of tbe United States circuit court offered in tbe case, fails to show that the sale of lands as provided in tbe Woods law has been declared void. There is only an attempted nullity of tbe taxes. Paine v. Dickey County, 8 N. D. 581, 80 N. W.. 770. Having taken these taxes in tbe manner received, tbe plaintiff and bis assignor received and paid them all, tbe certificates and tax receipts, at their own risk. Tbe purchase was made under tbe rule of caveat emptor, and without a statute authorizing a recovery for…
1Opinion of the CourtBueeb, J.
Tbis action involves tbe refund of money paid to a county for void taxes under § 2338, Comp. Laws 1913. August 8, 1892, tbe government issued its patent to a quarter section of land in Eolette county to one Jaspard Jeanette, a homestead entryman. Prior thereto Jeanette bad given a certain mortgage to one Daly, who bad assigned tbe same to Vincent P. Cash, who in turn assigned tbe same *596to one Simmons, all of which instruments were dated prior to the issuance of the patent.
August 24, 1893, the United States government filed its bill in equity in the circuit court for the district of North…
2Cases cited8 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Emery v. KippCalifornia Supreme Court · 1908
- McCauley v. FultonCalifornia Supreme Court · 1872
- Tyler v. Cass CountyNorth Dakota Supreme Court · 1890
- Quivey v. PorterCalifornia Supreme Court · 1869
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3Cited by3 opinions
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- Baird v. City of WillistonNorth Dakota Supreme Court · 1929
- Darling & Co. v. BurchardNorth Dakota Supreme Court · 1939