Mayer v. Pettigrew

WILLIAMS, Justice.

This action was brought by plaintiff Hinabe Pettigrew to quiet title to certain land and to cancel a resale tax deed thereon issued to the defendant W. J. Mayer.

Defendant alleged that plaintiff is es-topped to question the validity of the resale tax deed in question by reason of his having claimed from the County Treasurer the excess or surplus of the purchase price paid as consideration for the resale tax deed, such surplus being the amount for which the land sold at tax resale, less the amount of taxes, penalties and interest due the county. Plaintiff replied to the answer…