Kimball v. Marine National Bank
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Kimball v. Marine National Bank
Opinion of the Court
The plaintiff purchased the premises in question at the regularly forfeited tax sale held in St. Louis county November 13, 1907, and brought this action against defendants, who were the owners of the fee, to determine adverse claims. Of the several questions involved, we deem it necessary to consider two only:
1. December 13, 1907, a notice of the expiration of redemption was issued directed to the “Marine Nat. Bank,” in which name the land was assessed, and the certificate of service indorsed upon the notice is to the effect that it was served upon J. P. J ohnson, cashier of the bank, on the twenty-seventh day of December, 1907. It was shown at the trial that the Marine National Bank of Duluth became defunct in 1896, when the comptroller of the currency assumed charge and a' receiver was appointed. Mr. J ohnson was cashier at the time the bank closed its doors in 1896, but never thereafter exercised any of the rights, duties, or privileges of a cashier, and upon the closing of the bank engaged in other business. A director’s meeting was never held, and there was no banking house or other place of business. The affairs of the bank were wound up by the receiver. The capital was exhausted, and the stockholders paid an assessment; but the creditors were never paid in full. The records of the bank were burned by order of the comptroller, and the receiver filed his final account which was approved by a judge of the United States court on March 26, 1900. The bank was organized as a national bank in 1888, with a corporate existence for twenty years.
Under these circumstances we are clearly of opinion that at the
2. At the time plaintiff purchased the land at the forfeited sale, the total amount of the taxes and tax judgments, excluding penalties and interest, was $106.53, and including penalties and costs amounted to $188.18. The trial court, having found that no notice of expiration of redemption was served, granted plaintiff a lien upon the lands for the amount paid by him at the forfeited sale, together with interest at the rate of twelve per cent, and certain subsequent taxes paid, with interest, amounting to $53.27. Plaintiff claims that he was entitled to the full amount of the tax judgment, interest, penalties, and costs which had accrued at the time of his purchase. The amount which plaintiff is entitled to recover is governed by section 972, R. L. 1905, which, in part, reads:' “If it shall appear that the plaintiff’s title is invalid for any cause other than one which renders the taxes embraced in such certificate void, the court shall not dismiss such action, but shall ascertain the amount due the plaintiff for all taxes, interest, penalties, and costs embraced in such certificate, and of all subsequent taxes, penalties, interest, and costs paid by him or his assignors, with interest thereon at the rate of twelve per cent, per annum from the date of such certificate or payment, and shall adjudge-the same to be a lien against such land in favor of such holder, and direct a sale thereof to satisfy such judgment and costs of sale.” This section has reference to all tax certificates issued under sections 929, 935, and 937. Plaintiff acquired title under section 937, and purchased the property for less
Subsequent to the trial of the case, but before the findings were filed, appellant paid the sum of $4.69j which was the second half of the amount of taxes due for 1909. We fail to discover any error on the part of the court in refusing to consider this as having been paid prior to the trial.
Affirmed.
Reference
- Full Case Name
- A. M. KIMBALL v. MARINE NATIONAL BANK and Others
- Cited By
- 1 case
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- Published