Herr v. Graden

Defendant in error as plaintiff, brought an action against plaintiff in error as defendant, to cancel a tax deed conveying a tract of land in La Plata county. Judgment was for plaintiff,' from which the defendant appealed to this court." The cause was transferred to the Court of Appeals, where the judgment was affirmed, 22 Colo. App. 511, and defendant brings the case here for review on error.

*373In the complaint it was alleged: “That this plaintiff is. informed and believes that no notice of tax sale was published in any newspaper in the said county of La Plata.” At, the trial defendant…