Lovelace v. Tabor Mines & Mills Co.
Supreme Court of Colorado
Appeal from the District Cotirt of Botdder Cotmty. This action was commenced by appellee, as plaintiff, against appellants, as defendants, to annul a tax sale certificate and tax deed issued thereon to an interest-in the Silver Point lode. P'or answer the defendants claim title to this interest under a tax deed, set out haec verba, which substantially conforms in its recitals with the requirements of 2 Mills Ann. Stat. § 3901, which provides for the form of tax deeds.
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Appeal from the District Cotirt of Botdder Cotmty. This action was commenced by appellee, as plaintiff, against appellants, as defendants, to annul a tax sale certificate and tax deed issued thereon to an interest-in the Silver Point lode. P'or answer the defendants claim title to this interest under a tax deed, set out haec verba, which substantially conforms in its recitals with the requirements of 2 Mills Ann. Stat. § 3901, which provides for the form of tax deeds. In this deed it is stated: “Whereas, at the time and place aforesaid, Boulder County, of the County of Boulder and State of…
1Opinion of the Court
Mr.JusticeGabbert
delivered the opinion of the court.
No appearance has been entered for plaintiff. We are advised, however, from the brief of counsel for defendants, that in the court below it was contended that the tax deed was void upon its face for two reasons: (1) Because it shows that the assignment of the tax sale certificate was not made to the defendants by the county within three years from the date of its issuance; (2) that the recitals in the deed quoted show affirmatively that the county was a competitive bidder at the tax sale. These are the only questions we shall determine.
Accord…
2Cases cited7 opinions
- Lebanon Mining Co. of New York v. RogersSupreme Court of Colorado · 1884
- Dyke v. WhyteSupreme Court of Colorado · 1892
- Waddingham v. DicksonSupreme Court of Colorado · 1892
- Schwenke v. Union Depot & R. R.Supreme Court of Colorado · 1884
- United States Security & Bond Co. v. WolffSupreme Court of Colorado · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Carnahan v. Sieber Cattle Co.Supreme Court of Colorado · 1905
- People v. FieldSupreme Court of Colorado · 1919
- Imperial Securities Co. v. MorrisSupreme Court of Colorado · 1914
- Dimpfel v. BeamSupreme Court of Colorado · 1907
- People v. CappSupreme Court of Colorado · 1916
9 more not listed; retrieve them via the Exa API.