20 F. 764 | U.S. Cir. Ct. | 1884
This is an action to quiet title. Complainant shows a regular chain of title from the government. Defendants claim under four tax deeds. On February 15, 1884, the case came on for hearing upon the bill, answer, and replication and the testimony taken on behalf of the respective parties, when an interlocutory decree was entered finding for the complainant, quieting his title, decreeing the tax deeds null and void, and referring the case to a master to report the amount of legal taxes paid by defendants and their grantors. The report of the master was filed March 8, 1884. Exceptions were filed by both parties, and the case comes on now for the hearing of such exceptions, and final decree.
1. It is insisted that the statute of limitations had run in favor of the tax deeds, and therefore that the title of defendants should be
2. The master in his conclusions seems to have been of the opinion that the defendants were entitled to be reimbursed only such taxes paid by them as were supported 'by proceedings technically perfect, resting, perhaps, upon the language of the reference to him to report “the amount of legal taxes. ” In this I think he is mistaken. This is an equitable action, and in it each party must be required to do equity. The court will inquire, not simply as to the legal, but also as to the equitable, rights. Every owner of property owes the duty of contributing in taxes his just proportion of the expenses of maintaining the government. The complainant in this case neglected that duty, and the defendants discharged it for him. The state has a lien on the land for all taxes until they are paid. Comp. St. Neb. p. 426, § 188. When paid by other than the owner of the land, the state must be considered as transferring its lien to such party; and the only way in which equity should relievo the owner from the burden of such lien is by payment. It will not do to say that if, in consequence of the defects in the proceedings, the lien was in no condition to be enforced by the state, the purchaser at the tax sale took nothing; because it is within the undoubted power of the state, if tax proceedings are defective, to renew them again and again, and until they result in the payment of the tax. If one, without stopping to question the regularity of the proceedings, comes forward and pays the tax, he ought to be entitled, not merely to the benefit of the proceedings then already had, but also to the full benefit of all the state’s rights. The inquiry, therefore, is not whether the taxes are legal in the sense that the proceedings are all regular and correct, and such that a full title to the land could be obtained by carrying them on to completion, but whether they are legal in the sense that they • are just and equitable impositions upon the land. In other words, was the land subject to taxation? was the tax authorized by law and imposed by the proper tribunal ? wore the proceedings so far in substantial compliance with the statute that the court can see that, equitably, the lot-owner should have paid the taxes, — that they were simply his just contribution to the support of the government? If so, before the court will relieve him from the cloud of a tax deed, it should require payment by him of such taxes and interest.
For these reasons the exceptions of the defendants will be sustained
Amount of taxes paid and interest to February 25,' 1884, - $1,182 03
Less $12 of the tax of 1876, and interest thereon to February 25,1884, $7, - - - - ‘ - - 19 00
$1,163 03
Due complainant for rent and interest, ... 326 09
Balance, ...... $836 94
The decree will therefore be entered quieting complainant’s title, upon the payment of this balance, with interest at 7 per cent, from February 25,1884, within 60 days; and, in default of such payment, the defendants will be entitled to an order of sale therefor. The costs of this case will be divided equally between the parties.