Clark v. Duncanson
Supreme Court of Oklahoma
Error from District Court, Pawnee County; Conn Linn, Judge. Action by E. M. Clark against John C. Duncanson to quiet title. Judgment for defendant, and plaintiff brings error.
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Error from District Court, Pawnee County; Conn Linn, Judge. Action by E. M. Clark against John C. Duncanson to quiet title. Judgment for defendant, and plaintiff brings error. Plaintiff in error, as plaintiff below commenced this action ■ n November 8. 19! >. against defendant in error, defendant below, to quiet his title to 80 acres of land, and alleges that he is the owner of the legal and equitable title to the land described; that he is, and had been for more than a year prior thereto, in the quiet and peaceful possession of the 80 acres involved, “under and by virtue of a certain tax…
1Opinion of the CourtRamsey, J.
(after stating the case as above). We will dispose of the points argued in inverse order.
1. The 80 acres were sold on November 4, 1912, for the 1911 taxes, plus “penalty, interest, and costs, due and unpaid thereon and delinquent on said real estate,” as recited in the tax deed itself. The county treasurer bid the land in for $12.47, and certificate of purchase was issued bearing that date, which plaintiff subsequently acquired and on which he'obtained his tax deed. The provision in the act of the Legislature approved March 22, 1911, (Sess. Laws of 1910-11, p. 263), declaring that it shall be…
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