Carson v. Fulbright

The opinion of the court was delivered by

Benson, J.:

The action was to foreclose a mortgage made by John Finley and wife and assigned to the plaintiff, C, W. Carson. The defendant, Jay Fulbright, was in possession of the mortgaged premises claiming title in fee, under a tax deed in regular form recorded more than five years before the suit was commenced. Judgment was rendered for the defendant.

Under section 141 of the tax law (Gen. Stat. 1901, § 7680) the tax deed is invulnerable to this attack unless the facts of this case distinguish it from many others decided by this court protecting the…