North American Realty Co. v. Brady

THIS is an action for the recovery of real estate. The complaint alleges that plaintiff is the owner in fee simple and entitled to the possession of the property; that on or about January 1, 1917, the defendants wrongfully entered upon and took possession of the premises. The defendants in their answer rely upon a tax deed, and plead the five year statute of limitations hereinafter mentioned. The replication, in substance, assails the validity of the tax deed. The trial court gave judgment for defendants upon the theory that plaintiff's action was barred by the statute of limitations. The…