Rush v. Lewis & Clark County

HONORABLE GEORGE B. WINSTON,

Judge of the Third Judicial District, sitting in place of Associate Justice Smith, delivered the opinion of the court.

A rehearing was granted herein, on the appellants’ motion, upon the questions: What significance, if any, should be given to the recitals in the tax deeds touching the method by which the county of Lewis and Clark obtained title to the lands in controversy? Are these recitals surplusage or not?

Counsel for appellants contend that the deeds do not affirmatively show that the county was a competitive bidder, because they show that the county took all…