State ex rel. Lee v. Schaack
Supreme Court of Minnesota
The county auditor cannot defeat the statutory right of redemption by improperly listing and selling lands. Grapengether v. Fejervary, 9 Iowa, 163; Boyd v. Ellis, 11 Iowa, 97; Singleton v. Scott, Id. 589 ; .Bradford v. Limpus, 13 Iowa, 424; Lay v. Gibbons, 14 Iowa, 377; State of Georgia v. Braiseford, 2 Dali. 402; O'Brien v. Coulter, 2 Blackf. 421; Ainsworth v. Dean, 21 N. H. 400; Corporation of Washington v. Pratt, 8 Wheat. 681; Hodge v. Wilson, 12 Smedes & Marsh. 498.…
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The county auditor cannot defeat the statutory right of redemption by improperly listing and selling lands. Grapengether v. Fejervary, 9 Iowa, 163; Boyd v. Ellis, 11 Iowa, 97; Singleton v. Scott, Id. 589 ; .Bradford v. Limpus, 13 Iowa, 424; Lay v. Gibbons, 14 Iowa, 377; State of Georgia v. Braiseford, 2 Dali. 402; O'Brien v. Coulter, 2 Blackf. 421; Ainsworth v. Dean, 21 N. H. 400; Corporation of Washington v. Pratt, 8 Wheat. 681; Hodge v. Wilson, 12 Smedes & Marsh. 498. Where land is sold in gross, the owner of a part may redeem his part by paying his pro rata share. Penn v. Clemants, 19…
1Opinion of the CourtGilfillan, C. J.
On the merits of this case there are two reasons why the peremptory writ ought not to have been granted:
First, the writ is sought against a county auditor in his official capacity, to compel him to perform an official act, to wit, to compel him to certify to the amount required for redemption from tax sale of a certain tract of land, and it does not appear that any demand was made upon him to do the act prior to the application for the writ,- and, without such demand, the relator is not entitled to the writ. State v. Davis, 17 Minn. 429.
Second, it was not the duty of the auditor, and he had…
2Cases cited1 opinion
- State ex rel. Hull v. DavisSupreme Court of Minnesota · 1871
3Cited by9 opinions
- Alevizos v. Metropolitan Air. Com'n of Mpls. & St. P.Supreme Court of Minnesota · 1974
- Ingerman v. State ex rel. ConroyIndiana Supreme Court · 1891
- Lake Erie & Western Railroad v. State, ex rel. MushlitzIndiana Supreme Court · 1894
- State Ex Rel. Central Hanover Bank & Trust Co. v. EricksonSupreme Court of Minnesota · 1942
- State ex rel. Minnesota Investment Co. v. District CourtSupreme Court of Minnesota · 1914
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