Hetzer v. Burbery

The opinion of the court was delivered by

Benson, J.:

The appellant, Hetzer, in possession of the land in controversy and claiming title thereto under a tax deed valid upon its face but based upon irregular proceedings, commenced an action to quiet title against the appellees, Burbery and Raper, who claimed the premises under a tax deed of an earlier date void upon its .face. The appellees in their answer interposed a counter claim in ejectment for possession of the land. The reply of the appellant admitted his possession and denied the appellees’ title. The appellant then dismissed his action…