The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-18
IN FAVOR OF THE Mp.
The Decision of Judge Knowles of the
United States Court.
A DELINQUENT TAX SALE
This Action Was Brought by the
Railroad Company to set Aside
the Title Obtained by the
County by Purchase.

| Deer Lodge, Feb. I.-County Treasurer
| Hallahan yesterday received from Gull
| len & Toole. attorneys for the Northern
| Pacific railroad company, a copy of the
opinion rendered by Judge Knowles on
Jan. IL in the suit of Andrew F. Bur-
leigh. receiver, against Deer Lodge
county
This action was brought by the railroad
company to set aside the title obtained
by Deer Lodge county in purchasing rail-
road lands at the delinquent tax sale held
on Jan. 10. 1885, and the opinion handed
down is in favor of the railroad company
In 1894 the acreage of the Northern Pa
cihc In this county was placed at 232. 33s,
with cash value of $174sS7. At this rate
the county will lose about 5000 in the
two years by the Northern Pacific's re-
fusal to pay taxes on. its lands.
The opinion handed down by Judge
Knowles is follows:
The above entitled cause having here
tofore been commenced in this court on
the 18th day Of August, A. ID. 1885, at
which time Thomas +. Cakes, Henry c.
Payne and Henry c. Rouse were receiv-
ers of the property of the Northern Pa
cihc Railroad company, and IL appearing
by the records on file in this court in the
case OF the Farmers Loan & Trust COM
pany VS.. the Northern Pacific Railroad
company, that the said Cakes, Payne and
Rouse have, since the commencement of
TINS action, been removed as receivers of
the property of the said company, and
the above-named Andrew F. Burleigh
duly appointed as the receiver of said
property of the said company in place of
the said former receivers, IL is on motion
or Messrs. Cullen & Toole, attorneys for
SAID complainant, ordered that said ac-
ton be continued i'm the name of the sole
receiver, Andrew F. Burleigh
And the said cause coming on to be
hoo nd IN.
HS6 that being one of the DAYS of court
of the November term, 1895 of said court
upon motion for and on behalf of said
plainun to strike out certain portions of
the answer filed by the defendant in said
cause; and ii appearing to the court for
an examination of the pleadings herein
and for the admissions of counsel at said
hearing, and from an examination of the
records and files of said cause. wherein
the said persons were heretofore an
pointed receivers of the property of the
said company. that no order of this court
was ever made therein upon said receive
ers and no application for any such order
was ever made upon behalf of the above
named defendant to require the said re-
ceivers, or any of them, TO pay the taxes
mentioned in the said bill of complaint
as required by the revenue laws of the
state OF Montana in force at the time of
the levy or said taxes, and of the sale
VI oNAthipAtu Sult OF the said DrOnpFfV
and also 10y the law and practice Of this
court; and that the said sale of nron-
erty and the whole thereof for taxes. as
appears upon the complaint on file herein
and for the answer thereto was for this
reason, and for other causes null and
VOID and OF no effect or force whatever
And IL further appearing to the satisfac-
uon OF the court that such sale. IL per- /
mitted to stand, would cast a cIoud mon
the title OF the said receiver of the North ,
ern Pacific Railroad company TO the I
property mentioned and described or IN !
such parts an6 parts thereof as the said
northern Pacific Railroad company or its I.
receiver or receivers may hereafter be I
round entitled to under the terms and /
conditions of the grant to the said rail- |
ROAD company, made by the congress OF .
the United States in a certain act emit
ted an act granting lands to aid in the |
construction of q railroad and telegram 4
line from Lake Superior to Puget sound |
on the Pacific coast by the northern
route; approved July 2, 1894
Now, therefore, on motion of Messrs
cullen x Toole, attorneys for said plaint-
III, IL is ordered, adjudged and decreed |
that the sale of the lands in said COM
plant mentioned and described. made or
attempted TO be made by the treasurer OF |
the saa county of Deer Lodge, on or
ABOUT the 10th day of january n /
1898, was and is null and void and of No
force or validity whatever, and that the
certhcate of sale of such lands in said
Dill or complaint mentioned was issued
without authority of law and that the
same is null and void and of no force or
effect; that the said defendant and all
persons claiming under IL are forever en-
Joined and restrained from asserting any
right, title. claim or interest to or in said
described premises. or any part thereof
and from applying for. taking, accepting
or receiving, either directly or Indirectly.
any deed for the said described lands or
any part thereof, under or by virtue of
said pretended sale or certificate thereof
and from assigning, conveying transfer
ring, setting over or attempting TO as
sign. convey. transfer or set over, any
right. title, claim or interest to or in
said described lands or any thereof. under
or by virtue of said sale or certificate
thereof: and the title of the said above
named receiver and OF the said Northern
Pacific Railroad company thereto, or to
such parts or portions thereof as the said
railroad company may be hereafter found
TO be entitled TO. is adjudged TO be
quoted against all claim, demand or pre-
tension of the defendant, or of any per
son claiming under il. And the said de-
PENDANT and its assigns are hereby per-
estopped from setting up any
claim thereto, or TO any part thereof
And II is further ordered, adjudCed [
and decreed that the plaintiff do have and
recover his costs herein. hereby taxed at
S59.Si. against the said defendant and do
have execution therefor"
DEER LODGE NEWS