Zipperle v. Smith

HALLEY, Justice.

This is an action by Minnie Willis Smith, as guardian of Katie Willis Kelly, an incompetent, to vacate a default judgment rendered on service by publication by the District Court of Cleveland County, Oklahoma, on July 21, 1948, foreclosing a tax lien on land in that County which had been sold for 1946 taxes to the County. A tax certificate was issued and later assigned to Ted Smith, who paid the 1946 taxes and applied for a tax deed based upon the tax certificate held by him. The title to the land involved stood in the name of the above incompetent, except as to certain…