Herr v. Graden

Suit by appellee (plaintiff below) against appellant (defendant below) to cancel a tax deed.

Complaint is in usual form and was filed May 12, 1902. The complaint alleges many reasons why the tax deed is void, only two of which it is necessary to mention; viz, (a) That the tax deed is void on its face, (b) That no sufficient publisher’s affidavit was executed and deposited with the county clerk and recorder as required by sec. 3884 and sec. 3885, Mills ’ Annotated Statutes.

This case was tried once before in the district court of La Plata county in 1903. Prom a judgment rendered in favor of…