Martin v. Cundell

The opinion of the court was delivered by

Thiele, J.:

This was an action to quiet title, the petition alleging that defendant claimed some interest in the real estate involved. The defendant answered claiming title and right of possession under certain tax deeds, but asked that in event plaintiff prevailed he have judgment for taxes paid with interest, as a first lien. Plaintiff’s reply, so far as need be noticed here, alleged that the attempted sale for taxes and the tax deeds were void, and tendered to defendant the amount of taxes paid with interest and incidental expense.

The trial court…