Tidd v. Grimes

*402The opinidn of the court was delivered by

Smith, J. :

This was an action of ejectment. The plaintiff below based his right to possession on a tax deed. The trial court held that the deed was invalid for the reason that the tax-sale notice,upon which the deed was based was published for twenty-five days only before the sale, but found that it was printed once in each week during four consecutive weeks prior to the day of sale, the first publication being on August 6, the second on August 13, the third on August 20, and the fourth on August 27. The sale was had on September 1.

The tax law (Gen.…