Page:Federal Reporter, 1st Series, Volume 3.djvu/712

 BBfEAKeB't?. COEBIK. 705 �upoii its compliance with the constitution of the state and the statntes, as in other applications for injunctions. �A temporary injunction mil issue, with leave to the de- fendants to apply for a dissolution thereof hereafter, to either of the judges of this court. ���ShBAKEB ». COBBIN. �CORBIN V. ShEARBB. �{Circuit Court, B. Minnesota. Beptember, 1880.) �1. TiTLB— Pktma Facib Evidence— Tax Debd — Recitai,. — In Minno- sota a tax deed ia not prima faeie evidence of title, unless it be flrst shown that the county auditor had authority to make the deed ; and a mere recital in such deed that the state auditor directed the sale, will not be sufflcient. Madland v. Benland, 2A Minn. 372. �Edward Webb, for plaintiff. �Charles N. Bell, for defendant. �Nklson, D. J. The suit first entitled îs an action m ejectment, and to the complaint the defendant interposes a general deniai, and also sets up specially, as a further de- fonce, the proceedings which resulted in a sale of the land in controversy to the defendant's grantor for non-payment of taxes, and a tax deed, dated October 6, 1869, from the county auditor of the property claimed as forfeited by law to the state of Minnesota. And as a further defenee he alleges that his grantor, one Jaggers, went into possession under the tax deed, and remained in possession of the property until 1872, improving the same and paying the taxes thereon. The reply puts in issue the material allegations. �In the suit second above entitled the complaînant, by a bill in equity, seeks, among other things, to recover for im- provements and expenses necessarily incurred in his occu- pancy of the land. Both suits, by stipulation, are tried to the court, a jury trial being waived in the ejectment suit. The �v.3,no.l2— 45 ����