Smith v. D. R. G., Inc.

deHvered the opinion of the court:

This appeal presents an issue that requires us to decide whether notice of a tax-deed proceeding received by an owner-resident of real estate from his wife satisfies a statutory requirement that the notice be served on the owner personally. This question arises from a proceeding under section 72 of the Civil Practice Act brought by appellants William L. Smith and his wife, Betty L. Smith, to vacate an order that authorized issuance of a tax deed to appellee, D. K G., Inc. The material facts are not in dispute.

I

On May 27, 1969, real estate improved by a…