Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-05-17

iURsDAY, MAY ~, 1905. s
: !.
Codes OF 1899, is competent evidence
OF such mailing.
5. When the land is in fact l1n.
occupied, it is not necessary to state
that fact IN the affidavits filed pur.
.suant to section 1914, Revised Codes
5of 1899, in proof of service OF the
notice Of expiration Of the time t.
redeem. a# So ;.83z II
8. The party claiming title under q
tax sale certificate issued pursuant
to the woods Law need not prove
that no redemption has been made.
Appeal from the district court Of
Stutsman county, S. L. Glaspell, judge
Marion lConlSlin, attorney for appel
lants. : 8 80 @ssT. 'y,2 Il %S.,E &
John Knauf and Wicks, Paige &
Lamb, attorneys for respondent. s.z
Opinion by Engerud, ]. -. F 3,
The judgment is reversed and the
trial court will enter Judgment in the
usual form that the plaintiff Mind and
the defendant Myers have no estate
or interest in the land and that the
title thereto be adjudged to be In
defendant William H. Beck, and that
his title be quieted. The appellant
Beck to recover from respondent tax
able costs and disbursements of both
courts.
Lizzie Fenton, ct al, appellant, VS..
Minnesota Title insurance & Trust
Company, ct al, respondents.
/. The publication of summons as
prescribed by, chapter 5, Laws Of 1901,
In actions to quiet title, there being
no description of the land in such
publication, is not a sufficient notice
to adverse claimants, not specifically
named in the summons, to constitute
'tdue process Of law"
2. A Judgment so obtained, wheth-
er attacked directly or collaterally, is
void as to an adverse claimant not
named in the summons, and who did
not appear in the action.
8. One who sues in equity to re-
move cloud on his title caused by a
void tax sale will be required to pay
the amount Justly due for the taxes
included in the void sale.
Appeal from the district court OF
Ransom county, Frank p. Allen, judge
J. e. Robinson, attorney for appel
lants. ~
Pierce & Tenneson,, attorneys fol
respondents. -
Opinion 5of the court by Engernd
judge. g.. 1.--.... i
The judgment of the district court
is reversed and the same remanded
for further proceedings. The appel
liant will recover the taxable costs and
disbursements of this appeal. The
plaintiffs, as condition precedent tt
| equitable relief, should be required t
|pay to defendants or into court fol
them, the total amount of taxes pait
by the purchaser Of the tax title, be
ing the taxes for the years 1896, 1896
1897 and 1898, all Sof which were pait
by the Minnesota Title Insurance &
Trust Co. when the rights Of thu
county were assigned to 1t on Jul!
z, 1899. The amount SO paid wa!
1868, to which should be added Thu
sum of $15.26, paid by said assigned
on February 1, 1900, for the taxes o
1899. The defendants are entitled Il
interest on these sums from tn,
respective dates of payment at Thu
rate of seven per centum per annrm
"A provisional decree or order may III
entered requiring such payment with
| in thirty days after notice of thu
entry thereof, and upon scompliane,
with its conditions a final judgmen
may be entered for the relief prayed
for in the complaint, including taxabl.
costs. IL the plaintiffs fail to compl.
with the conditions imposed, judg
nent should }be entered to the seffec
that the plaintiffs are entitled to M
equitable relief and that defendant
recover the taxable costs and dis
bursements. ss.:
4 Frederick VA. Powers, respondent
Iva. First National Bank lot gBottineau
IN. D., IS al, appellants. s "a.
/. In an action to determine aid
verse claims to real estate arising on
lof tax certificates on which taxes ar,
shown to be Justly due, q court o
equity will not grant the plaintiff re
lief until he pays or offers to pay til,
taxes justly due. 5..=
4 Q. The mere fact that the rule o
cayeat emptor applies to tax sale pu,
chasers Is not ground for not exercis
ling IN behalf of such purchasers Til
j usual principles In equity actions.