Humphrey v. Yost

*325The opinion of the court was delivered by

Wells, J.:

The plaintiff in error was the owner of certain lands in Ellis county, on which the defendant in error S. T. Yost had a tax deed, dated September 2, 1897, but it had never been recorded and was lost or destroyed. On April 19, 1899, the plaintiff in error brought an action to recover the possession of said land, and at the trial the court found the tax deed void for the reason that it had not been recorded, as required by section 227, chapter 158, General Statutes of 1897 (Gen. Stat. 1899, § 7346), and decreed the title to the land in…