Scott v. Watkins

Opinion by

Mr. Justice Teller.

*245The plaintiff in error filed his complaint in the usual form to quiet title to a tract of some 280 acres of land, the defendant in error being the only defendant in the action.

The latter, by answer, claimed title under a tax deed, and alleged that the land being subject to taxation and the assessed taxes for 1893 being unpaid, “the county treasurer advertised the said lands for sale on October 4th, 1894, at public sale,” etc.

The answer also set up the five year statute of limitations as a bar to the suit.

Plaintiff’s replication contained a denial of “each and…