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14 F. Cas. 1062

Lancaster v. County Auditor

U.S. District Court

Decided July 1, 1873

U.S. District Court · decided 1873-07-01

The plaintiff claimed to be the ‘owner of certain lands in Page county which had been sold for taxes in 1864, and for which a deed was given to the purchaser. In 1867 the land was again sold for taxes, to one Cal-lanan.

Decided 1873-07-01

DILLON, Circuit Judge.

¶1We hold that the plaintiff had the right to redeem; that the auditor had no right to refuse to issue the redemption certificate, and that it was his duty to receive the money tendered by the owner of the regular title. The existence of an outstanding deed could not prevent the owner from protecting his interest from the inception of a new estate under the last sale. Decree accordingly.

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