37 Minn. 415 | Minn. | 1887
Action to determine an adverse claim to real property. The plaintiffs hold the patent title. The defendants claim solely under state assignment certificates issued to their grantor, W. F. Linderman, bearing date February 15, 1877, assigning to him the interest of the state acquired at a sale thereof under the tax judgment of 1875, for the taxes of 1874, at which the lands were bid off for the state, October 16, 1875.
If the parol evidence admitted was competent, it stands conclusively proved that, while the certificates bear date February 15th, the money for the same was not all paid by Linderman, or paid into the county treasury, or the certificates delivered to the purchaser, until after March 6, 1877. If these facts were material, there can be no doubt that parol evidence was competent to prove them. The effect to be given to these certificates as evidence is fixed by Laws 1874, c. 1, § 129, by which they are placed in that respect upon the same footing as any other deeds of real estate. The date of a deed is merely presumptively the date of its delivery, but it is always competent to prove by parol that this was not the true date of its delivery, or that it was never delivered at all. It can hardly be necessary to cite authorities in support of this proposition. 1 Greenl. Ev. § 284; 3 Washb. Real Prop. 298.
The question then is, when in point of time did Linderman’s rights as purchaser from the state attach? This can admit of only one answer, viz.: At the date that he paid the purchase-money in full into
The statute of limitations invoked by defendants (Laws 1875, c. 5, § 30) cannot, at least under this disposition of the case, have any possible application. The question is not the validity of the sale or the certificate, but whether the rights acquired under them have ripened into title.
Order reversed.