Schrader v. Bd. of Com'rs Roger Mills Cty.

The sole question involved in this case is whether an action commenced in 1938 to recover from the county money paid for tax sale certificates issued in 1916, 1917, and 1918, on nontaxable land, is barred by the statute of limitations. This question was presented by the defendant’s demurrer to plaintiff’s amended petition. The trial court sustained the demurrer, and plaintiff stood on his petition, and appeals from the judgment dismissing the action.

Plaintiff contends that the governing statute is section 9739, C.O.S. 1921. He argues that this statute contained no provision limiting the time…