Trager v. Elliott

The opinion of the court was delivered by

Dawson, J.:

This was an action in ejectment by the grantee of a tax-title holder against the holder of the fee title.

The dispute involved a quarter section of Haskell county land, to which the plaintiff’s grantor received a tax deed from the county clerk in 1902. The defendant deraigned title in fee by quitclaim conveyance from the patentee of the United States.

In 1902, when plaintiff’s grantor acquired the tax title, the land was unoccupied and unimproved — simply a part of the virgin prairies of Haskell county. From 1902 to 1909, plaintiff’s grantor…