Herr v. Graden

This is an action brought by appellee, plaintiff below, to cancel a tax deed upon the grounds: First, that the tax deed is void on its face; second, because the affidavit of the publication of notice of the tax sale was not made and deposited with the county clerk, as required by section 3884, Mills’ Ann. Stats.

1. The first ground is untenable. The deed is substantially in the form provided by the statute, and we do not think the defect relied on affects its validity.

2. It appears from the evidence that the county *528clerk was unable, after making such, a search among the papers in his offices…