The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-01-12

nad the property was sold Tor both
the general tax and the special Inn
provements and one certificate Of
sale issued. Our supreme court has
specifically held such sales to be ab.
solutely void. In other words, this
litigation pending before Judge Grim
son, was but the beginning Of q
course of possible litigation, which, II
the matter was not In some AMIGA
BILE manner adjusted, seemed to be
almost limitleSs.
In MoCurdy's stipulation with us,
he not only followed the instructions
Of the board of county commission
ers, but In addition he insisted upon
our foreclosing and giving up all the
other rights that we had In the mat
ter, only q portion Of which are above
outlined.
Insisted On Agreement
McCurdy insisted upon an agree.
ment to pay an additional sum Of
nearly $4,000, provided that We pay
1t Immediately upon entry Of judg-
ment, required that we give up every
legal right that We had to attack the
validity Of the tax, provided that We
give up our right to appeal. and in
fact the stipulation is 30 worded that
the only right Mr.. Patterson retains
is to get q release Of other claims for
taxes during those years involved up
on the payment Of the additional sum
of nearly $4,000 over and above the
forty thousand that he had previous
ly paid on the previous compromise.
Frankly, think Burleigh county
made a very good deal. and that the
county commissioners and McCurdy
used rare business Judgment in en-
tering into this stipulation, which In
short provides for not only $4,000 ad-
ditional cash, but entirely ends the
possibility Of further expensive litiga-
ton.
The complaint in full follows:
BEFORE THE STATE BAR BOARD
Ret r. =. McCurdy. Attorney at Law,
Bismarck. North Dakota
state Of North Dakota So
County T. < Of H snrIs,sh e.,n1 tr,t duly
sworn. says: That he is now and has
been for many years last past tax
payer of Burleigh County, North Da-
kota, and that prior to January ],
citizen OF. the state Of North Dakota
for many years residing ct Bismarck.
That for several years last past
nas sfanss es
Burlsigh County. in the District Court
OF Burleigh County and in the Su.
preme Court Of this state In various
manners = case commonly known as
assessment Of the 3. q. Patterson
properties located In the City Of Bis
marck. North Dakota. That. briefly
stated, the said p. g.. Patterson OBJ
his take. from the Board Of County
Commissioners Of Burleigh County at
one time several years ago. That inn
mediately thereafter this affiant, to-
u.s. G:esr tea sws q + as
marck, Burleigh Co., exceeding seven
~ number. petitioned f. 70. McCurdy.
then States Attorney OF Burleieh
County nsnnty' pursuant to the provisions q
appeal to the District Court e Of Bur- i"
leigh County from the action OF the
Board Of County Commissioners Of
said County in granting aforesaid
the said r. q. PATTERSON. That afore.
file in the office Of the Clerk of the
District Court OF Burleigh County.
the said r. r. McCurdy took an appeal
from said decision Of the Board Of
County Commissioners to the District
Court Of Burleigh County. and that
M snd Ssef Of sS. .ff:n the
matter was first heard before Judge
kneeehaw and that said Judge de-
ctded that an appeal would not lie in
said case. That thereupon m appeal
this state and the order Of Judge
kneeshaW. was reversed and the case
sent back for retrial In the District
Court 9f. Burleigh County. That the
BY the Supreme Court to hear and de-
termine the issues In said cage. That
early in the year OF 1898 Judge Grlrc-
son heard said case at which time r.
a. vs.: a * ss
= SULLIVAN Of Mandan. Norti, Dakota.
and the aforesaid taxpayers were rep
resented BY r. e. McCurdy. the states
4z a..r rot sars Sonn:. 1 ne
said Taxpayers. That Judge Crimson
That "a July. 1875. Judge Grsnsso;as
banded down his memcranduil opln.
taxes. penalty and Interest which he
deemed that r. g. Patterson shonl0
pay g Burleigh County in addition 20
the sum yhlch Mr. Patterson heA al
nAnt and reduction Of taxes granted
Mr.. Patterson hy the Boafd Of County
Commissionere Of Burlsigh County.
That this aftient = not inforued Z.
taxes which Judge 0rimaou'e mellto-
son q pay, but that IS has baen 81.
formed that !eid sum ~ eedtti4nal
woI TSsf e so n:sf linz :ss:s Js s
down. this Sffisnt alnSslss6 it ;. &.