Smith v. Borradaile

On Rehearing.

RYAN, District Judge.

The argument of appellant on rehearing is devoted mainly to upholding the contention that the tax title on which he relies should he held effective, because, being in possession and holding adversely to the cotenants after ouster, he could build up a new and independent title by the purchase of the tax deed, which was founded upon a sale of the taxes antedating the acquisition of his interest in the land. This same matter was urged before, and is given thorough consideration in the very able opinion heretofore written by Mr. Justice BARNES. We have examined…