71 Minn. 66 | Minn. | 1898
This action was brought to determine adverse claims to real estate. It is admitted that the title was, and still is, in defendant, unless devested by the tax titles under which plaintiff claims, the
“The time within which said land can be redeemed from said assignment will expire sixty days after service of this notice and proof thereof has been filed in the manner prescribed by section 37, of chapter 6, General Laws of Minnesota for the year 1877, and amendments thereto.”
The statute provides that land bid in for the state shall be assigned and conveyed to any person who shall pay the amount for-which it was bid in, with interest, and the amount of all subsequent taxes, penalties, costs, and interest on the same. G. S. 1894, § 1601. The statute further provides that, where the right of the state has-been assigned, a redemptioner must pay
“The amount paid by the assignee with interest from the day when so paid, and all unpaid delinquent taxes, interest, costs, and penalties that may have accrued on such piece or parcel after such assignment; and if he shall have paid any delinquent taxes, penalties, costs, or interest accruing subsequent to the assignment, the amount so paid by him, with interest from the day of such payment.” G. S. 1894, § 1602.
In this case the notices of the expiration of redemption do not claim anything because of taxes paid subsequent to the assignment. The amounts stated to be required to be paid in order to redeem were merely the sums paid to the state, with interest. These notices correctly state every fact required by the statute. There was no error in the use of the term “redemption from the assignment,” instead of “redemption from the sale.” The assignment is-in fact the sale from which the redemption has to be made. The amounts claimed are in exact accordance with the statute.
State v. Baldwin, 62 Minn. 518, 65 N. W. 80, cited by counsel, is not in point. In the present case there is an express provision of statute that the .amount paid by the assignee shall bear interest.
Order affirmed.