Kipp v. Hill
Supreme Court of Minnesota
Action to determine adverse claims to land in Eamsey county, brought in the district court for that county, in October, 1887, and tried by Kelly, J., who ordered judgment for plaintiffs. Defendants appeal from an order refusing a new trial. It was agreed that the plaintiffs were owners of the land unless their title had been divested by the tax sale mentioned in the opinion, under which the defendant Hortense, as assignee of the right acquired by the state, claimed title.
1Opinion of the CourtCollins, J.
The land involved in this action was bid in by the state at a tax sale held December 22,1874. On November IS, 1876, the state assigned its right and interest to one Langelier, from whom, through intermediate conveyances, the defendant Hortense Hill claims title. The certificate of sale required by Laws 1874, e. 1, § 124, was not 'made out until the day of the assignment to Langelier, almost two years after.the day of the tax sale in 1874. The trial court found as a fact that the auditor making the sale could have, by the exercise of reasonable diligence, in addition to performing all other…
2Cases cited2 opinions
- Stewart v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887
- Gilfillan v. ChattertonSupreme Court of Minnesota · 1887
3Cited by2 opinions
- Smith v. LambertSupreme Court of Minnesota · 1897
- Clooten v. WangNorth Dakota Supreme Court · 1929