Dieterich v. Knox

The opinion of the court was delivered by

Harvey, J.:

This was an action in ejectment. The trial court sustained a demurrer to the petition. Plaintiff has appealed.

In his petition plaintiff alleged that he is the owner and entitled to the immediate possession of certain described real property, and that his ownership is predicated on a certain tax deed, a copy of which was attached to the petition and made a part thereof. The question raised by the demurrer is the validity of the tax deed on its face. The tax deed in question is not in the regular form set out in R. S. 79-2501, but is a…