Kirby v. Waterman

Citations

• 17 S.D. 314
• 96 N.W. 129
• 1903 S.D. LEXIS 50

Syllabus

<p>1. Deeds executed by a city for the nonpayment of assessments for local improvements convey title superior to an existing mortgage on the property.</p> <p>2. The law of 1890 being simply a revision of the law defining the powers and duties of cities relating' to making local improvements and levying special assessments therefor, constituting Comp. Laws 1887, §§ 959-999, which declared that assessments should be a lien on the property, a mortgage on city property executed subsequent to 1887, and before the law of 1890, was not affected by such later act.</p> <p>3. Laws '1890, p. 98, c. 37, art. 16, § 32, prescribes the forms of a deed conveying land for the nonpayment of special assessments, and concludes as follows: “In testimony, whereof the city treasurer * * * has hereunto set his hand and seal,” etc. Section 34, p. 99, provides that the deed shall he executed under the “hand” of the city treasurer, attested by the city auditor under the.seal of the city. Held, that the omission of the seal to the signature of the city treasurer constitutes no defect in the deed.</p> <p>4. Since the law of 1890 relating to special assessments for local improvements, and providing for the sale of land for the nonpayment of assessments levied thereon, makes no provision for the giving of notice to the person in whose name the land is assessed that a deed thereof will be demanded, and since Laws 1891, p. 68, c. 14, g 121, requiring the holder of a tax certificate 'to give notice before obtaining h tax. deed, is not applicable to the sale of land for the nonpayment of special assessments, a deed by a city for the nonpayment of assessments is valid, without- the giving of any notice that a deed will be demanded.</p> <p>5. The execution of a deed by a city, conveying land for the nonpayment of special assessments, is prima facie evidence of the giving of notice to the person in whose name the land whs assessed that a deed would be demanded, if any such notice, were required.</p>