Mattocks v. the McLain Land and Inv. Co.
Supreme Court of Oklahoma
Error from ihe District Court of Kingfisher County; before C. E. Irwin, Trial Judge. STATEMENT OE FACTS. This is an action brought by The McLain Land and Investment company to recover possession of land from plaintiffs in error, J. J. Mattocks and A. J. Mattocks, his wife. The evidence showed that thé company was entitled to the relief sought for, unless it should be found that a tax deed taken by the wife, A. J. Mattocks, was valid.
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Error from ihe District Court of Kingfisher County; before C. E. Irwin, Trial Judge. STATEMENT OE FACTS. This is an action brought by The McLain Land and Investment company to recover possession of land from plaintiffs in error, J. J. Mattocks and A. J. Mattocks, his wife. The evidence showed that thé company was entitled to the relief sought for, unless it should be found that a tax deed taken by the wife, A. J. Mattocks, was valid. The deed was issued March 11, 1898, and the suit was begun May 11, of the same year. The evidence showed that the land was sold for the taxes of 1894 to L. A.…
1Opinion of the Court
Opinion of the court by
McAteb, J.:
It has heretofore been held in this court in Frazier v Prince, 8 Okla. 253, that “a sale of real estate by the county treasurer without having previously received the warrant of the clerk directing the collection of taxes for which the real estate was sold, is without authority of law, and a tax deed for such real estate issued to the purchaser thereof, by the treasurer, is absolutely void.”
Section 5631 of the Statutes of 1893, authorizing the sheriff to collect taxes, provides that “the county clerk shall attach to the lists, his warrant under his hand and…
2Cases cited4 opinions
- Dexter v. CochranSupreme Court of Kansas · 1877
- Frazier v. PrinceSupreme Court of Oklahoma · 1899
- Meskimen v. DaySupreme Court of Kansas · 1886
- Musgrove v. HodgesSupreme Court of Kansas · 1891
3Cited by4 opinions
- Parks v. LyonsSupreme Court of Oklahoma · 1938
- Settle v. FrakesSupreme Court of Oklahoma · 1932
- Wiggs v. FlattSupreme Court of Oklahoma · 1931
- Bonaparte v. NelsonSupreme Court of Oklahoma · 1929