Minnesota Reports (Volume 98) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1907. Excerpt: ... ANNA M. WILLARD v. JOHN B. HODAPP and Another.i June 8, 1906. Nos. 14,803--(98). Assessment for Local Improvement. Action to determine adverse claims to real estate. The plaintiff is the owner of the land unless her title has been divested by a tax judgment and sale under which the lntervenor claims title. The tax judgment and sale were for assessments for local improvements pursuant to the provisions of the charter of the city of Mankato. Limitation of Actions. Short statutes of limitations as to actions to test the validity of tax sales do not apply to actions for the possession of real estate, nor to actions where the party invoking the statute alleges title in himself by virtue of the tax sale and asks the court to determine the question of title upon the merits and adjudge it to be in him, for such a judgment would carry with it as a necessary incident the unquestionable right to the possession of the land. London & N. W. Am. M. Co. v. Gibson, 77 Minn. 394, followed. City of Mankato--Judgment. Judgments in local assessment proceedings under the charter of the city of Mankato stand upon the same basis as judgments in ordinary tax proceedings and cannot be impeached in a collateral action by showing irregularities in the assessment proceedings. Findings. The finding and decision of the trial court to the effect that the tax sale was valid and the lntervenor the owner of the land in question are sustained by the evidence. Appeal by plaintiff from an order of the district court for Blue Earth county, Lorin Cray, J., denying a motion for a new trial. Affirmed. A. E. Clark and Pfau & Pfau, for appellant C. 0. Dailey, for respondents. START, C. J. This is an appeal from an order of the district court of the county of Blue Earth denying the plaintiff's motion for a new trial in an acti...