Sheaff v. Husted

The opinion of the court was delivered by

Smith, J. :

It will be decisive of' this case to determine whether a tenant of the owner of a fee-simple title to real estate may attorn to the holder of a tax deed regular on its face but voidable for the reason that illegal taxes were included in the amount of the expressed consideration stated in the same.

The plaintiff below, plaintiff in error here, was defeated in his action to quiet title upon the ground that he was not in possession of the property. One Barnes, the tenant of the defendants in error, after a tax deed had been issued, recorded, and…