Bolin v. Francis

Adams, Ch. J.

The plaintiff bases his right to redeem from the tax sale upon the ground that no proper proof of *620the service of the expiration notice was filed with the treasurer. The defendant, while denying that such proof was not filed, pleaded that more than five years had elapsed from the execution and recording of the tax deed before this action was commenced. It is not denied by the plaintiff that such time had elapsed; but his position is that the limitation of five years does not apply to this case. The statute in question is section 902 of the Code, and is as follows: “No action for…