129 Minn. 72 | Minn. | 1915
Tbe real property involved in this action, situated in Hennepin county, in proceeding's to enforce tbe payment of delinquent taxes assessed against it for tbe year 1897, was duly offered for sale at tbe regular tax sale on May 2, 1899, and there being no bidders tbe same was sold to tbe state, in tbe manner and as required by statute in sucb cases provided. No redemption was ever made, and on tbe thirteenth day of November, 1911, at a forfeited tax sale held under and pursuant to section 2127, G. S. 1913, tbe land was duly sold to' Colfax Grant as authorized by that statute. Thereafter Grant caused to be issued a notice of expiration of redemption in compliance with section 2129, which was delivered to tbe sheriff of tbe county for service. Tbe sheriff returned tbe notice with bis indorsement thereon that be was unable to find tbe person to whom it was directed, defendant herein, within tbe county. Tbe notice was thereafter published as provided by section 2148, G. S. 1913. No redemption was made and Grant applied to tbe Governor of the state who, acting under section 2129, issued to him a deed to tbe land. Grant subsequently conveyed -to plaintiff, who thereafter brought tbis action to determine tbe adverse claims of defendants. Plaintiff’s title to tbe land rests wholly in tbe Governor’s deed, issued in tbe manner stated. Defendants sought to show in defense to tbe action that tbe notice of expiration of redemption was not served as required by statute (section 2148), that tbe time for redemption had not therefore expired at tbe time tbe Governor issued tbe deed, and that bis act in executing tbe deed was unauthorized. Tbe contention that tbe notice was not properly served was founded on the claim that defendant S. C. Campbell, tbe owner of tbe land and to whom tbe notice was directed, was an actual resident of the county, bad been sucb for many years, and was not absent therefrom at tbe
The two questions presented are: (1) Whether in an action to quiet title to land, the title of plaintiff being founded on a Governor’s deed, issued by the authority and as herein stated, defendant may defeat the deed by a showing that notice of the expiration of the time to redeem from the sale under which the deed was issued, was not served as required by law, and (2) if the deed may be so defeated, does the evidence show a failure to make such service.
The trial court expressed doubts as to the first question, but held that the evidence was insufficient to show that the notice of redemption was not legally served.
“Upon the expiration of such redemption period, upon presentation of such certificate to the Governor, he shall be authorized to execute a deed in the name of the state to the person entitled thereto, conveying the lands therein described, and every such deed shall vest the grantee with complete title to such lands, subject to the defenses that the tract or parcel was exempt from taxation, or that the taxes, for
It is contended by plaintiff that the Governor’s deed is conclusive that all requirements of the statutes essential to the authority to issue the same, including a valid notice of expiration of redemption and the service thereof, were complied with, and that the deed is free from attack save on the two grounds stated in the statute, namely, that the taxes had been paid, or that the land was exempt from taxation. We do not concur in this contention. No doubt the Governor’s deed is prima facie evidence that the statutes were in all things complied with (Peterson v. St. Paul Real Estate & Inv. Co. 115 Minn. 333, 336, 132 N. W. 273), but it is clearly not conclusive upon the question here presented, namely, whether a valid notice of redemption was issued and served as required by law. The issuance of this notice and the proper service thereof is made by the statute a. condition precedent to the authority of the Governor to execute the deed. The statute reads that “upon the expiration of such redemption period,” the Governor may execute the deed. The proceedings before the Governor in the procurement of the deed are wholly ex parie, and the property owner is at no time afforded an opportunity to contest the question whether a notice of expiration of redemption has been issued or served. The Governor is wholly without authority to execute the deed until after the notice has been properly served, for until it has been served the right of redemption still exists. The situation is wholly unlike the general tax proceedings, which are declared presumptively correct after sale, for in such case the landowner is given an opportunity at an appropriate stage of the proceedings to raise any and all objections to the validity thereof, and fully to protect his rights. And if it be held that the Governor’s deed is conclusive of title in the grantee therein named, then the owner is precluded from ever contesting or being heard upon the question whether the time of redemption had expired. In view of this situation and the statutory prerequisite to the execution of the deed, we hold that the owner of the land may in defense of rights asserted under the deed show that the proper notice was not served. This seems clearly in line with prior decisions upon
Order reversed and cause remanded for a new trial.