Carman v. McMahan

J. Dyle Carman appeals from a judgment of the district court of Okfuskee county refusing to quiet his title to certain real estate claimed by him and to eject T. V. Mc-Mahan and J. M. Walkup therefrom.

Carman filed his action in the simple form to quiet title and in ejectment. McMahan, as owner, and Walkup, as his tenant, claimed title to the property and right of possession by virtue of a resale deed. Carman replied thereto by attacking the validity of the resale and the tax sale on which it was based.

The 1942 resale is the one here involved and upon which the resale deed was executed.

The…