State ex rel. Matthews v. Olson
Supreme Court of Minnesota
Appeal by Samuel Mathews and Peter Jourdain relators, from an order of the District Court of Kanabec County, F. M. Crosby, J., made March 17, 1894, denying their application for an alternative writ of mandamus. Taxes were levied for 1879 and previous years upon the east half of the northeast quarter of section thirty-two (32) T. 42 R. 23 in Kanabec County.
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Appeal by Samuel Mathews and Peter Jourdain relators, from an order of the District Court of Kanabec County, F. M. Crosby, J., made March 17, 1894, denying their application for an alternative writ of mandamus. Taxes were levied for 1879 and previous years upon the east half of the northeast quarter of section thirty-two (32) T. 42 R. 23 in Kanabec County. These taxes became delinquent and pursuant to Lawrs 1881 ch. 135, a judgment was obtained therefor on August 10, 1881, in the District Court of that county. The land was offered for sale but was not sold for want of bidders, nor was it…
1Opinion of the CourtGileillan, C. J.
The court below seems to have refused the alternative writ of mandamus, in part at least, on the decision of this *3court in Corbin v. Morrow, 46 Minn. 522, (49 N. W. 201.) The proceeding in that case, however, was under another section of the statute 1878, G-. S. ch. 11, § 97, as amended by Laws 1881, ch. 10, § 19, giving a remedy, by application to the county auditor, where the tax sale under which the applicant holds his certificate, or his assignment from the state, has been declared void by judgment of the court; and we held it was not enough, to entitle one to the remedy, that the tax…
2Cases cited1 opinion
- Corbin v. MorrowSupreme Court of Minnesota · 1891