Doty v. Evans

The opinion of the court was delivered by

Benson, J.:

The action is to recover land which is owned by the plaintiff, Doty, unless he has been devested of title by a tax deed which had been of record for more than five years before the action was commenced and under which the defendant, Evans, held possession. The court held the tax deed void, and rendered judgment for the plaintiff for possession, giving the defendant a lien for taxes. The defendant appeals. The only question is whether the tax deed is void upon its face.

The deed was issued under the provisions of section 7672 of the General…