Sturgeon v. State

Burr, Ch. J.

This controversy resolves itself into an action for partition of real estate and for accounting.

In 1919 Fred II. Denham and Chris Savage had each an undivided half interest in the north half of Section 35 in township 140, range 100 in Billings county; at that time Denham gave to the state a mortgage upon his interest and other lands not involved herein, to secure the payment of a loan of $4,800 made to him from the school fund of this state. From that date until 1926 both Denham and Savage defaulted in the payment of taxes on this land described, which taxes were paid by tbe…