Page v. McAfee

HENRIOD, Justice.

Appeal from a summary judgment for plaintiffs in a quiet title action. Reversed with instructions to dismiss the complaint and enter judgment on the counterclaim. Costs to defendants.

Plaintiffs purchased defendants’ property at the so-called “May Sale” 1 conducted to sell property to satisfy delinquent taxes. The county auditor must conduct *209the sale under our statute.2 Plaintiffs then sued defendants to quiet title thereto, and defendants counterclaimed, urging that the sale was conducted by one Hibler, not the auditor, and an unqualified person. Plaintiffs conceded that he…