Hay v. Crawford

The opinion of the court was delivered by

Hoch J.:

This was an action to partition real estate and to impress a lien upon the defendant’s interest for half of certain delinquent taxes which had been paid by the plaintiff. Partition, acceptable to both parties, was made and that part of the judgment is not now in controversy. The lien sought by the plaintiff was denied, and he appeals.

The material facts, set out in findings by the trial court, are not in dispute. The recital will be shortened by omitting some of the facts which are merely incidental to the history of the case.

In 1927 W. H. Horn…