McCracken v. Cones
Supreme Court of Colorado
Brror to Conejos District Cou,rt. — Hon. ChareES C. Hoebrook, Judge. Cones, defendant in. error, brought suit against plaintiff in error, McCracken, and others, to quiet title to certain real estate. McCracken was personally served with summons in the action, but failed to enter- an appearance.
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Brror to Conejos District Cou,rt. — Hon. ChareES C. Hoebrook, Judge. Cones, defendant in. error, brought suit against plaintiff in error, McCracken, and others, to quiet title to certain real estate. McCracken was personally served with summons in the action, but failed to enter- an appearance. Default was entered against him, and a decree rendered, quieting title to the real estate involved in the plaintiff, and annulling two certain tax deeds on the premises executed and delivered to McCracken. The decree did not provide for reimbursing McCracken on account of taxes paid by him on the…
1Opinion of the CourtJustice Gabbert
One claiming under a tax deed yhich is annulled is not entitled to a refund of taxes paid by him on the premises subsequent to the delivery..of the deed unless he gives evidence of the fact, and the amo.unt of the payment.- Eaches v. Johnston, 46 Colo. 457; McKinley-Lanning Co. v. Varney, 19 Colo. App. 210. Judgment affirmed.
Mr. Justice Musser and Mr. Justice Hill concur.
2Cases cited1 opinion
- Eaches v. JohnstonSupreme Court of Colorado · 1909
3Cited by5 opinions
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- Green v. HalstedSupreme Court of Colorado · 1925
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- Scott v. SullivanSupreme Court of Colorado · 1926
- Eagan v. MahoneyColorado Court of Appeals · 1913