(Download) "State Ex Rel. Malott v. Cascade Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Malott v. Cascade Co.
- Author : Supreme Court of Montana
- Release Date : January 07, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Mandamus ? Irrigation Districts ? Sale of Bonds ? Acquisition of District Lands by County at Tax Sale ? Assignment of Right of County in Lands not Authorized ? County Trustee for Bondholders ? Duty of County as Holder of Lands. Irrigation Districts ? Sale of Bonds ? Applicable Statutes Part of Bonds as if Written Therein. 1. Where an irrigation district sells bonds upon the faith and credit of the district, the applicable statutes become as much a part of the bonds as if expressly written into them. Same ? Sale of Lands for Delinquent Taxes ? Debenture Certificates Issued to District Represent Interest in Land. 2. Upon issuance, by the county treasurer, of the debenture certificate which he must issue to an irrigation district upon sale of land within it to the county for delinquent taxes, the district becomes the owner of an interest in land which is never divested - Page 395 until the land is redeemed or sold, the county being without any right, title or interest in the certificate. Same ? County Treasurer Without Authority to Assign Right of County in Irrigation District Land Acquired at Tax Sale ? District Assessments not "Taxes." 3. Held, that the county treasurer is without authority to assign the right of his county to irrigation district lands acquired by it at tax sale under either the Irrigation District Law as it was prior to July, 1920, when the district sold its bonds, or under section 2207, Revised Codes 1921, a general statute, which provides that where a county has bid in a parcel of land for "taxes" the treasurer shall assign its right to any person willing to pay the amount due, irrigation district assessments not being taxes within the meaning of the section.
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