Board of County Commissioners v. Benefiel

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order setting aside a judgment and a sheriff’s deed based thereon in a suit brought by the county to foreclose a tax lien.

Briefly, the facts are: In April, 1921, the county attorney filed suit under sections 11476-11482 of the General Statutes of 1915 to foreclose the tax lien upon lot'6, block 14, city of Coffey ville (and other lots), which had been sold September 4, 1917, for the taxes of 1916, and alleged that the property was owned by Arra Ballard. A summons was issued and returned by the sheriff with the…