| Show ERNEST RNEST M 1 MADSON WINS I IN THE TIlE SUPREME COUnTr COURT COUnT r 1 Ernest 1 M Madson Madsen won in the su- su supreme supreme su supreme preme court Monday in the suit brought by him against the Bonne- Bonne Bonneville Bonneville ville ville Irrigation district to to save his land from confiscation by the district At the time the district was organ organ- organized organized the land in question was erron erron- erroneously erroneously placed at acres while the theland theland theland land aggregated but acre The description given in the dis- dis district district dis papers was so vague that the theland theland theland land itself could not be definitely fixed fix fix- fixed fix fixed ed by metes and bounds Madson refused to pay the assess assess- assessment assessment assessment ment on the basis of nearly three tim acreage owned and the dis- dis district district dis district sold the property for taxes When Madson attempted to get re relief re- re relief relief I lief in the district court of Davis Davig county his complaint was dismissed dismisses Ohie Justice Valentine Gideon writ writ- writing writing ing jog the opinion for the supreme court holds the court in corror It was brought out that the irrigation irrigation irrigation gation district had no means of cor- cor correcting correcting cor correcting the error after it was made but the supreme court holds the courts can order such such correction made and consequently remands the case to the district court with instructions to direct the officers of the irrigation district to set aside the sale of the theland theland theland land made under the erroneous tax assessment and to correct the record so as to show an against the land on the actual acreage acreage in inthe inthe inthe the plot Justice D N concurs in holding the assessment and tax sale ale void but dissents from others on the relief The proceeding does docs not ex- ex extend extend ex extend tend to any new assessment he said |
