Cheney v. Cox

Opinión by

ESTES, C..

Parties appear in as the trial court. Cheney sued Cox and others to foreclose a mortgage on real estate. The defendants defaulted, except .Cox, wh,oi filed answer and cross-petition setting up a tax deed — not a resale deed — -issued to one Foster, and a conveyance from Foster to himself, claiming title thereunder, and praying for affirmative decree accordingly against plaintiff. The proceedings of the tax sale and the tax deed to Foster were subsequent to the mortgage of plaintiff on the same real estate. Plaintiff replied that the Foster tax deed was void on its face…