Doty v. Walling

On its face the appellant’s title to the land, based, as it is, upon a patent from the state and a deed from the patentee to him, is complete and entitles him to judgment unless the appellee was in a position to attack it by proving that he was a new purchaser of the land and that the patent conveyed no title for the reason that all rights of the appellant’s grantor had been forfeited.

It is evident that the return of service by the sheriff on the notice of forfeiture was insufficient to effectuate a forfeiture. By the provisions of chapter 373 of the Laws of 1907 (Gen. Stat. 1909, §§…