Perkins v. Berry

The opinion of the court was delivered by

Dawson, J.:

The plaintiff held a tax deed to certain town lots. Defendant held the fee title. Plaintiff’s tax deed was less than five years old. He brought suit to quiet title. Defendant pleaded certain infirmities in the tax deed. Plaintiff replied, and asked that, if his tax deed was defective, he should be reimbursed as an occupying claimant for improvements made on the property and given a lien on the property therefor and also for the taxes paid by him.

The trial court took judicial notice that the provisions of chapter 162 of the Laws of 1891 (Gen.…