Weberling v. Bursell’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Taxes upon real estate are a charge and lien upon the land in favor of the state but are not a personal obligation of the landowner under our laws. If the taxes are not paid the state may enforce collection by sale of the land but cannot recover any personal money judgment against the landowner. Martin v. Lennon, 19 Minn. 45 (67); Falvey v. Commrs. of Hennepin County, 76 Minn. 257 , 79 N. W. 302 ; Maxwell v. Hatherly, 170 Minn. 27 , 211 N. W. 963 ; Nortmann-Duffke Co. v. Federal C. S. Co. 172 Minn. 567 , 216 N. W. 250 . It follows that one who voluntarily pays the taxes upon the real property of another cannot recover of the owner the amount so paid, unless by some valid contract or agreement, to which the person making the payment is a party or which he has a right to enforce, the landowner has obligated himself to repay. “Plaintiff made the payment here in question voluntarily and is not in a position to demand repayment. * * * * * *" * * “* * * a naked promise by him [the agent of the owners] to repay to plaintiff these taxes, not based upon any legal obligation or even any moral duty owing to plaintiff, could impose no legal liability upon anyone. As to him personally the promise would be within the statute of frauds.””

   1 later decision quote this exact passage
   e.g. State Ex Rel. Burnquist v. Barrett & Zimmerman, Inc.