Stith v. Simmons

CORN. J.

This is an appeal from a decree of the district court of McIntosh county, refusing to the plaintiff certain relief sought by him in the trial court. We shall refer to the parties as they appeared in the trial court.

J. O. Stith, plaintiff, filed his petition in the district court, alleging that he was the owner of 80 acres of land located in McIntosh county. The petition further alleged that on December 2, 1935, the defendant secured from the county treasurer an assignment of a tax sale certificate, this certifi-fieate being issued by reason of a sale of said land to the county at, the…