Herzog v. Gregg

*727The opinion of the court was delivered by

Brewer, J.:

This case is here from an order overruling a demurrer to the petition, and a judgment following for want of an answer.

The facts are these: Plaintiff was the owner of a tract of land. Failing to pay the taxes thereon, the land was sold, and defendant became the purchaser. A tax deed was issued upon such sale. It appeared that a portion of the taxes for which the land was sold was illegal. Within two years from the date of the tax deed, plaintiff tendered a sum large enough to cover all the legal taxes, penalty, interest and costs. The tender…