229 N.W. 298 | S.D. | 1930
In December, 1923, plaintiff, who' resided at Summit, S. D., purchased two tracts of land in Grant connty at tax sale and received the usual tax certificate for each. Within time for redemption both tracts were redeemed, one about July 8th and the other about July 21, 1925. The county treasurer immediately notified plaintiff of each redemption, and plaintiff promptly mailed to the treasurer his tax certificates. Immediately on receipt of the certificates the county treasurer mailed to plaintiff checks on Big Stone City State Bank for the redemption money on each certificate, one of such checks being mailed July 9th and the other July 23d. Plaintiff received the checks, but did not present them for payment because, as he-testified, he figured he had money enough in the .Summit Bank, and he did not wish to deposit them for collection through that bank. He held the checks until after Big Stone City 'State Bank closed on October 21st, after which he offered to return them to the county treasurer and demanded that the treasurer pay him the amount of the redemption money, which being refused he brought this action, in which the trial court made findings and gave judgment in his favor, and, from the judgment and an order denying a new trial, defendants appeal.
At all times from his receipt of the checks until the failure of the bank on O'ctober 21st, the treasurer had on deposit in Big Stone City State Bank an amount much in excess of the amount of both checks, and, had the checks' been presented for payment at any time during said period, they would have been paid.
The statute (section 6799, R. C. 1919) provides that, on redemption being made, the treasurer shall enter a memorandum thereof in the list of sales and give to the person redeeming a receipt for the amount of the- payment and “hold the money subject to the order of the purchaser.” Plaintiff seeks to sustain the judgment of the trial court on the theory that, while he received
The judgment and order appealed from are reversed.