State ex rel. Ashton v. Register of Deeds of Ramsey Cnty.

Citation26 Minn. 521,6 N.W. 337
PartiesSTATE OF MINNESOTA EX REL. ASHTON v THE REGISTER OF DEEDS OF RAMSEY COUNTY.
Decision Date28 June 1880
CourtSupreme Court of Minnesota (US)

OPINION TEXT STARTS HERE

Appeal from order of district court, County of Ramsey.

Allis & Allis, for respondent.

E. G. Rogers, for appellant.

BERRY, J.

Mary Jane Ashton, being owner in fee of certain real estate in the city of St. Paul, on September 21, 1877, conveyed the same to the plaintiff by warranty deed, duly executed and acknowledged, and on October 24, 1877, J. H. Ashton and others, having an interest in certain real estate in said city, conveyed the same to the plaintiff by a quitclaim deed, also duly executed and acknowledged.

Neither of the deeds having been recorded, the plaintiff, on September 10, 1879, presented the same to the defendant, as register of deeds, at his office, for record, tendering the proper fees. Neither of the deeds had indorsed or noted upon it any statement or certificate in relation to taxes or assessments either of the auditor of Ramsey county or of the city treasurer of St. Paul. For want of such Statement or certificate the register refused to receive or record the deeds. The plaintiff thereupon sued out an alternative writ of mandamus requiring the defendant to receive and record the deeds or to show cause why he had not so done. The respondent answered, setting up, among other things not here important, the facts above stated as to the lack of a statement and certificate. The answer was held to show no legal excuse for his refusal to receive and record the deeds, and the writ was accordingly made peremptory.

Chapter 1, Laws 1878, § 106, enacts that “when any deeds, plat of any town site, or instrument affecting the same, or any other conveyance of real estate, is presented to the county auditor for transfer, he shall ascertain from the books and records in his office if there be delinquent taxes due upon the land described therein, or if it has been sold for taxes, and if there are delinquent taxes due he shall certify to the same, and upon the payment of such delinquent or other taxes that may be in the hands of the county treasurer for collection he shall transfer the same, and note upon every deed of real property so transferred, over his official signature, “taxes paid and transfer entered;” or, if the land described has been sold or assigned to an actual purchaser for taxes “paid by sale of land described within;” and unless such statement is made upon such deed or other instrument the register of deeds shall refuse to receive or record the same. A violation of the provisions of this section by the register of deeds shall be deemed a misdemeanor, and upon...

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8 cases
  • Hammett v. Kansas City, 38363.
    • United States
    • United States State Supreme Court of Missouri
    • May 4, 1943
    ......Ct. 57, 74 L. Ed. 221, 65 A.L.R. 371; State ex rel. Bair v. Producers Gravel Co., 341 Mo. ...Cas. 1916D, p. 1094; State v. Register of Deeds, 26 Minn. 521, 6 N.W. 337; Frieszleben ......
  • Hammett v. Kansas City
    • United States
    • United States State Supreme Court of Missouri
    • May 4, 1943
    ......57, 74 L.Ed. 221, 65 A. L. R. 371; State ex rel. Bair v. Producers Gravel. Co., 341 Mo. ...Cas. 1916D, p. 1094;. State v. Register of Deeds, 26 Minn. 521, 6 N.W. 337; ......
  • State v. Moore
    • United States
    • United States State Supreme Court of Washington
    • August 16, 1893
    ...34 P. 461 7 Wash. 173 STATE EX REL. BALDWIN v. MOORE, COUNTY AUDITOR. [1] Supreme ... . In. State v. Register of Deeds of Ramsey Co., 26 Minn. 521, 6 ......
  • Federal Intermediate Credit Bank v. Maryland Cas. Co., 30153.
    • United States
    • Supreme Court of Minnesota (US)
    • March 29, 1935
    ...... complaint on the ground that it failed to state a cause of action, defendant appeals. ... all the duties enjoined by law upon the register of deeds of Murray county, Minn. Defendant's ... statute prescribes, and no others." State ex rel. Ashton v. Register of Deeds, 26 Minn. 521, 6 N. ......
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