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31 ND 228

Munroe v. Donovan

North Dakota Supreme Court

Decided April 23, 1915

North Dakota Supreme Court · decided 1915-04-23

Action to quiet title to land. Trial de novo.- Plaintiffs, heirs at law of deceased fee title holder, bring action against the holder of five tax deeds, whose grantee is in possession of the land. Held: that the tax deed issued for the 1894 taxes is valid, for reasons stated in the opinion. Appeal from tbe District Court of Cavalier County, Cooley, J.

Affirmed · Decided 1915-04-23

¶1On Petition for Rehearing.

Burke, J.

¶2Appellant, in a petition for rehearing, challenges the holding in ¶ (1) of the opinion. 'We are satisfied with the correctness of said holding, but believe we can make somewhat plainer the meaning of the same.- We do not hold that the statute of limitations will bar an attack upon the tax deed where there is a total absence of the notice of expiration of redemption. In the present case, we have held that there was a good and valid notice of expiration of redemption. To be sure, there were two minor defects in such notice; but these did not entirely vitiate the notice, but were mere irregularities, and, being irregularities, are themselves barred by the statute of limitations. In other words, the notice was sufficient to start running the statute of limitations. The petition for rehearing is denied.

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