Clark v. Darlington

Citations

• 7 S.D. 148
• 63 N.W. 771
• 1895 S.D. LEXIS 48

Syllabus

<p>1. The holder of a certificate of purchase of land at a tax sale, entitling him to a deed of such land at the maturity of such certificate, claims “an estate or interest” in such land, within the meaning of section 5449, Comp. Laws.</p> <p>1. A complaint which alleges that the plaintiff “is the absolute and unqualified owner in fee simple,” and that the defendant “wrongfully and without right claims an interest in said land by virtue of an alleged purchase thereof at tax sale; that said claim is unjust and wrongful, and without any foundation in law or fact; that said claim is made adversely to said ownership and title of said plaintiff,” — states a cause of action under said section 5449, without particularly setting out the facts upon which the invalidity of suoh certificate is claimed.</p> <p>3. It not appearing upon the face of the complaint, either expressly or by implication of law or fact, that any taxes were or are due upon said land, the complaint is not subject to «general demurrer on the ground that it does not contain an offer to pay whatever taxes may be found to he due on the same.</p> <p>(Syllabus by the Court.</p>