Quilling v. Waggoner
Quilling v. Waggoner
Opinion of the Court
The court held the first deed void and the second one good. The principal contention arises over the finding by the court that no agreement on the part of the defendant Waggoner to refrain from taking the second tax deed on the 1928 certificate existed. If the respondent took this second deed in violation of understanding with the' appellants, it is void. Mather v. Hutchinson, 25 Wis. 27; Herman, Estoppel, sec. 945; Terrell v. Weymouth, 32 Fla. 255, 13 South. 429, 37 Am. St. Rep. 94; Hoene v. Pollak, 118 Ala. 617, 24 South. 349, 72 Am. St. Rep. 189. The learned trial judge, in a memorandum opinion concerning the dispute between the witnesses over the existence of an agreement, says :
“I do not find it easy to determine with any satisfactory degree of certainty as to what the agreement between the attorneys was. It may well be that they misunderstood each other. Apparently the talk was extremely informal and was lacking in care and precision of agreement.”
“That is, the person setting up the estoppel must have been induced to alter his position, in such a way that he will be injured if the other person is not held to the representation or attitude on which the estoppel is predicated.” 10 Ruling Case Law, p. 697.
At the time of the conversation between Mr. Douglas and the representative of the appellants in January, 1932, weeks before the respondent’s right to the valid tax deed could mature, the appellants still had the opportunity and the right to redeem the taxes and clear the title to their property. Did they refrain from timely action because of being misled by respondent ? At that time there was extant the first deed affecting the title to the premises dated September 26, 1931, which appellants claimed to be and which was subsequently declared to be invalid. Other certificates for defaulted taxes were outstanding at the time of the negotiations which then could have been redeemed.
The collection of taxes imposed by the legislative branch of our government is a vital necessity to the public welfare. The revenues essential in carrying out the practical pur
“The field was open to a race of diligence between the tax-title holder and the original owner, still that race must be a fair one.”'
The trial court in its fifth finding says: “There was no agreement on the part of defendant Waggoner to refrain from taking a tax deed on the 1928 certificates until the termination of a proposed suit to set aside the tax deed issued to.Washburn county.”
The trial of the issues suggested will result in a judicial investigation of the real controversy, enable the court to determine whether the appellants have a well founded complaint, and will make possible the entering of the judgment warranted by law. Sec. 251.09.
By the Court. — Judgment reversed, and cause remanded with directions to take further proceedings in accordance with the opinion.
Reference
- Full Case Name
- Quilling and others, Executors, and others v. Waggoner
- Status
- Published