Sutter v. Scudder

Plaintiffs brought this action to quiet title to two mining claims in Fergus county. The county obtained the property through tax sale proceedings and then sold it to the plaintiff Sutter. Sutter thereafter conveyed an undivided one-half interest to plaintiff Winston. The controversy involves the validity of the tax sale proceedings. There are no important fact issues. The decisive question is one of law, viz., whether the undisputed facts warrant the finding of the court that plaintiffs are the owners of the property. The facts are these:

The property was originally patented to James B.…