Legal Opinion

Fry v. County of Morrison

Supreme Court of Minnesota

Decided February 23, 1917No. Nos. 20,196—(303)PublishedCited by 6 opinions

Action in the district court for Morrison county to determine adverse claims to vacant and unoccupied premises, and if the title of plaintiff to the premises were declared invalid to recover the amount of taxes, penalties and costs paid by him or his assignors. In her separate answer defendant Gatehell alleged that she was the owner in fee of the premises.

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Action in the district court for Morrison county to determine adverse claims to vacant and unoccupied premises, and if the title of plaintiff to the premises were declared invalid to recover the amount of taxes, penalties and costs paid by him or his assignors. In her separate answer defendant Gatehell alleged that she was the owner in fee of the premises. The ease was tried before Roeser, J., who ordered judgment in favor of defendant Gatehell subject to the lien of plaintiff for $208.49, and ordered defendant county to refund to plaintiff the sum .of $236.12. Defendant county’s motion to…

1Opinion of the Court

Dibell, C.

The plaintiff brought this action to determine adverse claims to lands in Morrison county. His claim of title was through tax proceedings. The county was joined as a defendant and a refundment of void taxes was asked in the event that the tax title was adjudged invalid. The tax judgment was void because of a failure to designate the newspaper in which to publish the delinquent list. Foster v. Golden Valley L. & C. Co. 123 Minn. 273, 143 N. W. 786. Included in the tax assignment certificates were certain illegal ditch assessments. See Johnson v. County of Morrison, 107 Minn. 87, 119…

2Cases cited7 opinions

  1. Falvey v. Board of County CommissionersSupreme Court of Minnesota · 1899
  2. Gould v. Board of County CommissionersSupreme Court of Minnesota · 1899
  3. Gourd v. County of MorrisonSupreme Court of Minnesota · 1912
  4. Downing v. LucySupreme Court of Minnesota · 1913
  5. Johnson v. County of MorrisonSupreme Court of Minnesota · 1909

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3Cited by6 opinions

  1. Pettibone v. Cook County, MinnesotaCourt of Appeals for the Eighth Circuit · 1941
  2. Blakeley v. L. M. Mann Land Co.Supreme Court of Minnesota · 1922
  3. Sloan v. City of DuluthSupreme Court of Minnesota · 1935
  4. In re People's Independent Telephone Co.Supreme Court of Minnesota · 1923
  5. F. H. Wellcome Co. v. County of MarshallSupreme Court of Minnesota · 1928

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