(Download) "Tilden v. Chouteau County Et Al." by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Tilden v. Chouteau County Et Al.
- Author : Supreme Court of Montana
- Release Date : January 03, 1929
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Tax Deeds ? Action to Set Aside ? Effect of Fatally Defective Notice of Application for Deed ? Appeal ? Estoppel. Tax Deeds ? Notice of Application ? Statute Applies to Counties. 1. The provisions of section 2209, Revised Codes of 1921, prescribing the contents of the notice of application for a tax deed, are as applicable to a county as to an individual. - Page 399 Same ? Notice of Application Stating Incorrect Amount of Taxes Due Void and Invalidates Deed. 2. A notice for a tax deed stating an incorrect amount as due does not apprise the redemptioner of the amount required to redeem and is invalid, and invalidity of notice invalidates the deed based upon it. Same ? Redemptioners ? Meaning of "Subsequent Assessments" Payable ? Statute. 3. The term "subsequent assessments" which under section 2231, Revised Codes of 1921, the redemptioner from tax sale must pay means those assessments levied against the property subsequent to the tax for which the sale was made. Same ? Insufficiency of Notice of Application for Deed ? Case at Bar. 4. Under sections 2210 and 2233, Revised Codes of 1921, requiring a redemptioner to pay, in addition to the amount for which the property was sold, the subsequent taxes paid by the purchaser, and section 2209 declaring that the notice which the purchaser must give when he applies for a tax deed must contain "the amount due," a notice of application for a deed to land sold for taxes assessed against it in 1921, including a statement of the amount due for taxes for the year 1920, did not state the correct amount due and was invalid (see par. 2 above) and, therefore, the deed based thereon was likewise void. Same ? Action to Set Aside Tax Deed ? Appeal from Order Fixing Amount of Charges Due Does not Lie ? How Reviewable ? Estoppel. 5. Under section 1, Chapter 85, Laws of 1927, plaintiff in an action to set aside a tax deed is required to deposit in court the amounts therein provided for, before being permitted to maintain his action. If there be any question raised as to the amount so to be deposited, the court has jurisdiction to fix the amount after hearing on order to show cause. No appeal lies from such an order. Held, that the order is reviewable on appeal from the judgment in the main action to set aside the tax deed, and that the owner (redemptioner) is not estopped from contesting the correctness of the order by making the deposit as fixed by the court, to enable him to maintain his action.
 "Tilden v. Chouteau County Et Al." by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}