Sheehy v. Hinds

• Decision Date: 09 October 1880
• Citation: 6 N.W. 781,27 Minn. 259
• Parties: John W. Sheehy v. Henry Hinds
• Court: Minnesota Supreme Court

6 N.W. 781

27 Minn. 259

John W. Sheehy v. Henry Hinds

Supreme Court of Minnesota

October 9, 1880

Plaintiff brought this action in 1876 in the district court for Scott county, alleging that he was the owner in fee and in possession of a certain described quarter-section of land in that county, that the defendant claimed some interest therein adverse to the plaintiff, and that such claim was unfounded, and praying judgment that defendant's claim be determined to be unfounded, and that the defendant be barred of and enjoined from setting up any claim thereto, and that plaintiff's title and possession be quieted. The defendant answered, pleading title in fee in himself by virtue of certain tax proceedings, sales and deeds, and also pleading that the action was not commenced within three years after the respective sales. At the trial before Macdonald J., the plaintiff was permitted, under objection and exception, to amend his complaint by striking out the averment of possession, and inserting in lieu thereof an averment that the premises "are vacant and unoccupied." The plaintiff proved title in fee in himself from the United States, and the defendant put in evidence his tax deeds, etc. Upon the findings of the court judgment was entered for plaintiff, and the defendant appealed. The facts in relation to defendant's tax deeds are stated in the opinion.

Judgment affirmed.

Henry Hinds, appellant, pro se.

William Louis Kelly, for respondent.

OPINION

Cornell, J.

Defendant claims title to the premises in controversy as the owner in fee under certain tax deeds, set forth in his answer, the validity of which he insists cannot be impeached or questioned, because more than three years have elapsed since the tax sales occurred in pursuance of which the deeds were executed. It appears that the premises were first sold in separate parcels, of 40 acres each, for taxes levied for the year 1867, on the fourth day of June, 1868; that certificates of sale were then given to the defendant as purchaser, who afterwards, on the eighth day of May, 1876, surrendered the same to the county auditor, and took tax deeds therefor. According to the findings, it is not shown that the premises had not been redeemed from the sale prior to the execution of these tax deeds, and, within the decision in Greve v. Coffin, 14 Minn. 345, they are not even prima facie evidence of any title in the defendant.

The other sale upon which defendant's claim of title rests took place on the eleventh of June, 1870, and the tax deeds which were executed in pretended pursuance thereof were made and delivered on the eighth day of May, 1876. These deeds were alike in form. They each, among other things, recite that the treasurer of Scott county "did, on the eleventh day of June, A. D. 1870, at, etc., in conformity with all the requirements of the several acts in such cases made and...