Winter v. Atkinson

Plaintiff and defendant are co-proprietors'of a tract of land. Defendant took possession of the whole tract on the ground he purchased at tax-sale on the thirtieth of November, 1872, the shares of plaintiff in said' land. Plaintiff now sues to annul this sale for infor-malities, alleging that the forms of law have not been complied with, and the tax-title is void. Defendant excepted to the suit on the following grounds:

First — Plaintiff has not tendered or offered to pay to defendant the whole of the taxes for which the property was sold, but only her pro rata thereof.

Second — Plaintiff has…