Legal Opinion

Seymour v. Deisher

Supreme Court of Colorado

Decided April 15, 1905No. 4565PublishedCited by 3 opinions

Appeal from the District Court of Hinsdale County: Hon. Theron Stevens, Judge. The question presented by this appeal is the validity of two tax deeds. One R. M. Ficht, claiming to be the owner, and in possession, of the Czar lode, survey number 2008, in Galena mining district, commenced an action against appellant, as defendant, to quiet title to these premises.

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Appeal from the District Court of Hinsdale County: Hon. Theron Stevens, Judge. The question presented by this appeal is the validity of two tax deeds. One R. M. Ficht, claiming to be the owner, and in possession, of the Czar lode, survey number 2008, in Galena mining district, commenced an action against appellant, as defendant, to quiet title to these premises. The defendant answered, claiming to be the owner thereof, by virtue of two certain tax deeds set out haec verba in his answer. Each of these deeds describes the premises as the ‘ ‘ Czar lode, survey number 2000, Galena mining…

1Opinion of the CourtChief Justice Gabbert

*351From the briefs of counsel it appears that the validity of the tax deeds rests upon a determination of these two questions:(1) Was the property sold prematurely? and(2) Does the description in the deeds render them void?

The sale on the fifth day of February, 1895, was for the taxes of 1893, and the sale of March 16, 1896, for the taxes of 1894. At the time of these respective sales, the respective taxes for which the sales were made were delinquent, and the property subject to sale therefor. — Sec. 7, Laws 1891, p. 288. In other words, under the statute the property was subject to sale for…

2Cases cited5 opinions

  1. Gomer v. ChaffeeSupreme Court of Colorado · 1882
  2. Bosworth v. DanzienCalifornia Supreme Court · 1864
  3. Sullivan v. CollinsSupreme Court of Colorado · 1895
  4. United States Security & Bond Co. v. WolffSupreme Court of Colorado · 1900
  5. People v. StahlIllinois Supreme Court · 1882

3Cited by3 opinions

  1. Battle North, LLC v. Sensible Housing Co.Colorado Court of Appeals · 2015
  2. Lake Canal Reservoir Co. v. BeetheSupreme Court of Colorado · 2010
  3. Halbouer v. CueninSupreme Court of Colorado · 1909

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