Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 14

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ... Submitted October 3, 1893. Decided April 2, 1894. TAXATION--Ui0ud upon title--O0mpIaint in action to remove.-A complaint in an action to set aside a tax deed as a cloud upon plaintifl's title, which avers an irregular assessment of the property in controversy and its subsequent sale for unpaid taxes. but which does not allege some injustice or injury to plaintiff resulting from such assessment, or that plaintifi has paid, or ofi"ers to pay, the taxes for which the property is properly chargeable, fails to state a cause of action for equitable relief. SAms--SaZe of property in g1'oss.--A tax sale of plaintifl's town lots, in connection with others, for the gross amount of taxes due upon all is void. Appeal from Seventh Judicial District, Ouster County. ACTION to remove a cloud upon title; Judgment was rendered for the plaintiff below by MILBURN, J. Reversed. Middleton & Light, for Appellant. _Strevell (fa Porter, for Respondent. PEMBERTON, C. J.---Plaintifl' claims in his complaint to be the owner of lots 1, 2, and 3, in block 81, of Miles City in Custer county in this state, and alleges that the defendant claims some interest or title therein by virtue of a tax deed to said property, which is of record in said county, and which said tax deed is claimed to be a cloud on the title of plaintitl to said property. This suit is brought to remove said cloud. The plaintiff alleges in his complaint, in substance, that said lots were attempted to be assessed for taxes for the year 1888, by the assessor of said county; that the assessment thereof was invalid, for the reason that said lots were assessed in gross, and not separately; that the taxes thereon for said year were not paid, and that they were thereafter sold by more

Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236822145
  • 9781236822147