National Surety Corp. v. Smith

Argued on rehearing November 5, 1941; former opinion reversed and judgment of circuit court affirmed March 10, 1942

On Rehearing

(123 P.(2d) 203)

Before Kelly, Chief Justice, and Belt, Bailey, Lusk, Rand, Rossman and Brand, Associate Justices. LUSK, J.

The case is before us on rehearing.

The facts may be thus briefly restated: The plaintiff commenced this action in ejectment to recover certain real property which had been sold for nonpayment of taxes. The action was not commenced until more than three years after the sale. The defendants Guy H. Smith and Roy E. Smith were purchasers at the tax…