Smith v. Lambert
Supreme Court of Minnesota
Appeal by defendant from a judgment for plaintiff entered in the district court for Pine county, Williston, J. The deed first issued is void under the decisions of this court in Farnham v. Jones, 32 Minn. 7, and Brown v. Setzer, 39 Minn. 317. The county auditor had no power to issue the second certificate. A certificate of the sale is one of the elements of the sale, and the law contemplates that it should be issued at the time of the sale.
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Appeal by defendant from a judgment for plaintiff entered in the district court for Pine county, Williston, J. The deed first issued is void under the decisions of this court in Farnham v. Jones, 32 Minn. 7, and Brown v. Setzer, 39 Minn. 317. The county auditor had no power to issue the second certificate. A certificate of the sale is one of the elements of the sale, and the law contemplates that it should be issued at the time of the sale. Stewart v. Minneapolis, 36 Minn. 355; Gilfillan v. Chatterton, 37 Minn. 11; Kipp v. Hill, 40 Minn. 188;, Bennett v. Blatz, 44 Minn. 56. Citing also Reed…
1Opinion of the CourtCollins, J.
Action to determine an adverse claim to .120 acres of vacant and unoccupied land. The defendant held the patent title, while the plaintiff’s rights depended upon the sufficiency and validity of a tax certificate of date June 23, 18S4, issued by the auditor of Pine county to ope Smith, as hereinafter stated. The findings of fact are not questioned.
At a tax sale in said county under and in pursuance of the provisions of Laws 1881, c. 135, the auditor sold to said Smith the tract of land in question, and other tracts. Of date October 1, 188.1, the auditor issued a certificate of such sale, under…
2Cases cited4 opinions
- Farnham v. JonesSupreme Court of Minnesota · 1884
- Stewart v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887
- Gilfillan v. ChattertonSupreme Court of Minnesota · 1887
- Kipp v. HillSupreme Court of Minnesota · 1889
3Cited by3 opinions
- Pace v. WightNew Mexico Supreme Court · 1918
- Grant v. BibbSupreme Court of Minnesota · 1915
- Clooten v. WangNorth Dakota Supreme Court · 1929