Fagan v. Huntress & Brown Lumber Co.
Cited by
- Elsberry v. Great Northern Railway Co. 121 N.W.2d 716 Minn. 1963
- Foster v. McClure 141 N.W. 796 Minn. 1913
- Cook v. John Schroeder Lumber Co. 88 N.W. 971 Minn. 1902
Authorities cited
Identified automatically; this list may not be exhaustive.
- Keith v. Hayden 26 Minn. 212
- Kern v. Clarke 59 Minn. 70
- Tidd v. Rines 26 Minn. 201
Opinion text
START, C. J. Action to determine adverse claims to vacant and unoccupied land. The trial court found that the plaintiff had no title to the land, and he appealed from an order denying his motion for a new trial. The plaintiff claimed title to the land by virtue of a tax sale made pursuant to a tax judgment against it for the taxes of 1893. The material part of such judgment, as shown by the record in this case, is in these words: *442 This judgment is void on its face for two reasons. The attempted description of the land is fatally defective. It describes no land. Keith v. Hayden, 26 Minn. 212 , 2 N. W. 495 ; Kern v. Clarke, 59 Minn. 70 , 60 N. W. 809 . Again, the attempted designation of the amount of the tax, penalty, and judgment is void for uncertainty. There is nothing on the face of the judgment to indicate what the figures used for that purpose mean. Tidd v. Rines, 26 Minn. 201 , 2 N. W. 497 . Order affirmed.