Easton v. Hayes
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Fillmore county, to compel the defendant, as county auditor, to draw his warrant on the county treasurer, in favor of plaintiff, for the amounts paid by plaintiff for lands purchased by him at the tax sale on February 5, 1866, for the taxes of 1864, with interest at 7 per cent, per annum from the date of sale.
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Plaintiff brought this action in the district court for Fillmore county, to compel the defendant, as county auditor, to draw his warrant on the county treasurer, in favor of plaintiff, for the amounts paid by plaintiff for lands purchased by him at the tax sale on February 5, 1866, for the taxes of 1864, with interest at 7 per cent, per annum from the date of sale. The complaint alleges that, as to each parcel bought by him, the sale was, by a judgment rendered on November 14, 1866, in a suit against the county auditor and treasurer, set aside and the certificate of sale adjudged void “on the…
1Opinion of the CourtCollins, J.
This is an appeal from an order overruling a general demurrer to plaintiff’s complaint, which it is claimed sets out a cause of action under Laws 1881, c. 10, § 19. The sales mentioned in said complaint were held in the month of February, 1866; while the judgments which set them aside, and declared the certificates issued therein void, were rendered in November of the same year. The section of the statutes by virtue of which plaintiff seeks relief is as follows: “When any tax sale is declared void by judgment of court, such judgment shall state for what reason such sale is annulled; and in…
2Cases cited3 opinions
- State ex rel. Smith v. CronkhiteSupreme Court of Minnesota · 1881
- Coles v. County of WashingtonSupreme Court of Minnesota · 1886
- Easton v. HayesSupreme Court of Minnesota · 1886
3Cited by1 opinion
- State ex rel. Babcock v. County of ChisagoSupreme Court of Minnesota · 1911