Keith v. Hayden
| Decision Date | 13 October 1879 |
| Citation | 2 N.W. 495,26 Minn. 212 |
| Parties | CHARLES KEITH AND ANOTHER, APPELLANTS, v D. WENTWORTH HAYDEN AND OTHERS, RESPONDENTS. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from judgment of the district court Mille Lacs county.
D. B. Searle, A. P. Barker, and C. D. Kerr, for appellants.
Taylor & Storey, for respondents.
To maintain this action the plaintiffs rely upon two tax titles, the validity of which the defendants deny. One of these titles is based upon a judgment rendered under the provisions of the general tax law found in chapter 1, Laws 1874. This judgment is entered in the “real estate tax judgment book,” provided for by law, the left hand page of the book being divided into columns, with heads and entries thereunder, as follows:
We are of opinion that the attempted description in the second column is fatally defective. As is found in this case, by the court below, there may be a local usage in that part of the state where the judgment was entered according to which this description would be understood to mean the south half of the north-east quarter and the north-west quarter of the south-east quarter, but there is no general usage of this kind. Neither is this the import of the letters and figures employed, according to the common and ordinary usages of the English language, as the same is spoken or written in this...
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