34 Neb. 345 | Neb. | 1892
This is an application for a peremptory writ, of mandamus, to require the respondent to pay over to relator
It is alleged that the relator has paid all the taxes due the county, $520.30, on the tax sale; that the owner has paid the full sum of $573.70 redemption money of the same identical taxes, and respondent arbitrarily holds both sums after relator’s lien on the real estate has been extinguished, and his accruing interest money stopped by payment.
The answer of the defendant is, in substance, that the owner of the lots has commenced an action to have said taxes, or at least a part thereof, declared illegal and void, and that while said action is pending it is the duty of the defendant to retain the money.
The relator demurred to the answer.
Section 119 of chapter 77, Compiled Statutes, provides: “ The owner or occupant of any land sold for taxes, or any person having a lien or interest thereon, may redeem the same at any time within two years after the day of such sale, by paying the county treasurer for the use of such purchaser, his heirs or assigns, the sum mentioned in his certificate, with interest thereon at the rate of twenty per
It will be observed that the treasurer shall hold the redemption money paid, subject to the order of the tax purchaser, his agent or attorney. Where taxes have been levied upon land and the land sold therefor by the county treasurer, and the land be afterwards redeemed from such taxes, the county cannot set up as a defense against the person entitled to such redemption money that a question has arisen as to the validity of such taxes; and the.purchaser had a right to rely upon the implied right of the county to sell the same. (Roberts v. Adams Co., 20 Neb., 409; Id., 473.) The whole theory of the tax system of this state is that taxes shall be equally imposed upon all taxable property, and that such taxes shall be collected and paid. The design of the law is to protect the owner of the property against inequitable burdens as far as is consistent,
Writ allowed.