Lusk v. Seal

Smith, C. J.,

(specially concurring). A complainant, who seeks to cancel a deed as a cloud on his title to land claimed by him, has the burden of proving, not only the validity of his own title, but the invalidity of the deed which he seeks to cancel, and I concur with the majority in holding that the appellant failed to prove the invalidity of the deed here sought to be canceled, or, to be more specific, that he failed to prove that the tax collector had not complied with the provisions of the statute under which the deed was executed. In our former opinion we held that a deed executed under…