Pendleton v. Mosca Irrigation District

Defendant in error, hereinafter referred to as plaintiff or the district, brought this action in ejectment against plaintiff in error, hereinafter referred to as defendant, claiming ownership in fee and right of possession by virtue of tax deeds. These claims were denied and the cause was tried to the court. Findings were for the district, including one that defendant, having failed and refused in open court to tender and deposit with the clerk money to pay taxes, etc., “should be precluded from raising or alleging any defense to the plaintiff’s complaint.” Thereupon judgment was accordingly…