McHarg v. Halden

Supreme Court of Minnesota

McHarg v. Halden

86 N.W. 619, 83 Minn. 489, 1901 Minn. LEXIS 727

CourtSupreme Court of Minnesota

DecidedJune 20, 1901

DocketNos. 12,692 — (187)

StatusPublished

This text of 86 N.W. 619 (McHarg v. Halden) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McHarg v. Halden, 86 N.W. 619, 83 Minn. 489, 1901 Minn. LEXIS 727 (Mich. 1901).

Pincite

Opinion

LEWIS, J.

In the case of Munger v. Halden, infra, the premises sold at the tax sale for considerably less than the amount of accumulated taxes against it, and under such circumstances we doubted the application of the equitable rule of estoppel. In the present case, however, the premises were sold for more than double the amount of accumulated taxes, and it appears that both the tax and fee title under the sale have been merged in the respondent. Under such conditions, we can see no reason why the couqty should not be estopped from proceeding against the land for the same taxes, inasmuch as it has that amount, and more too-, in its possession by virtúe of the sale. While the doctrine applied in the other case controls here, we may also dispose of it upon the equitable principle which was not applied in that case.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

LEWIS, J.

In the case of Munger v. Halden, infra, the premises sold at the tax sale for considerably less than the amount of accumulated taxes against it, and under such circumstances we doubted the application of the equitable rule of estoppel. In the present case, however, the premises were sold for more than double the amount of accumulated taxes, and it appears that both the tax and fee title under the sale have been merged in the respondent. Under such conditions, we can see no reason why the couqty should not be estopped from proceeding against the land for the same taxes, inasmuch as it has that amount, and more too-, in its possession by virtúe of the sale. While the doctrine applied in the other case controls here, we may also dispose of it upon the equitable principle which was not applied in that case.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

86 N.W. 619, 83 Minn. 489, 1901 Minn. LEXIS 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcharg-v-halden-minn-1901.