Morgan v. Whitehead

Defendants in error, J. E. Whitehead et al., commenced this action against plaintiff in error, Elmer Morgan, to quiet title to 80 acres of land. Plaintiffs were in possession.

Defendant Morgan relied upon a commissioners’ deed, dated July 6, 1942, attached to and made a part of his answer. He alleged that the land was assessed for taxes for the years 1930, 1932, and 1935 to 1937, inclusive; that the land was sold to the county for the 1930 taxes and thereafter, in 1939, sold to the county at resale. The answer then pleaded the statute of limitations, 68 O. S. 1941 § 455. '

Thereafter Oscar John…