Duggan v. McCullough

This action, for recovery of the possession of real property, was brought by the plaintiff below (plaintiff in error), as the grantee of the patentee, against the defendant below (defendant in error), the grantee in a tax deed. There have been three trials, the last one to the court without a jury, partly upon an agreed statement of facts, and in part upon oral testimony. The first trial resulted in a judgment for the plaintiff; the other two for the defendant. Unless the tax deed conveys a good title to the defendant, the plaintiff is the owner and entitled to recover.

Judgment went for the…