Judith Basin Land Co. v. Fergus County

The plaintiff, a Wisconsin corporation, licensed to do business in the state of Montana, and owner of certain lands in Fergus county, Mont., and mortgagee of certain other lands therein, brought this aetion to restrain Fergus county, its officers, etc., from applying for and securing tax deeds to lands owned by it and upon which it held mortgages ; the land having been sold to the county for delinquent general taxes and special assessments of the Judith Basin irrigation district after the plaintiff had tendered and offered to pay all delinquent general taxes due to the state, county, and school districts, including interest and penalties. Plaintiff claims that the irrigation district assessments are illegal and void for irregularity and want of power in the officers of the district to levy taxes and issue the irrigation district bonds, and also 'contends that certain validating statutes of the state of Montana (post), as construed by the Supreme Court of Montana, declaring said irrigation district bonds to be valid, operated to deprive plaintiff of its property without due process of law in violation of the Fourteenth Amendment to the Constitution. From an order dismissing the…