American Inv. Co. of Emmetsburgh v. County of Beadle

Citations

• 5 S.D. 410
• 59 N.W. 212
• 1894 S.D. LEXIS 74

Syllabus

<p>1. In common acceptation of the term, one who buys land at tax sale is never a bona fide purchaser; and if his title fail, from any cause, he has no remedy against the municipality for whose benefit the land is sold, independent of a statutory provision affording him relief.</p> <p>2. Under the rule of caveat emptor, which applies in absence of statutory relief, one who purchases at tax sale is bound to know, at his peril, that the supposed delinquent is, in truth and in fact, a delinquent; that he has been lawfully assessed, and has failed to make payment, —as the authority of the officer to sell is derived wholly from the statute, and is a naked power, with which no interest is coupled.</p> <p>3. A statute providing for the repayment of taxes by a county to a purchaser at tax sale, in case the- entry be canceled by the United States government after the land has been listed and assessed, and the same is by mistake sold for such taxes, will not be construred to be retroactive in its character and operation unless a legislative intention to that effect is clearly apparent from its recitals.</p> <p>(Syllabus by the court.</p>