Moingona Coal Co. v. Blair

l. tax teed : possession: itations. — The defendant claims title under a tax deed executed and recorded November 8, 1869. The plaintiff owns the patent title, and this action was not commeneed until more than five years had elapsed from the recording of the tax deed. The real estate in controversy was vacant and unoccupied at the time of the sale, and so remained until 1875, when the plaintiff *448took possession. We are unable to conclude otherwise under the evidence.

The only question for determination is whether this action is barred under the statute which provides that “no action for the…