Legal Opinion
Fitzsimmons v. Rauch
Supreme Court of Oklahoma
Decided September 17, 1946No. 32131PublishedCited by 4 opinions
1Opinion of the Court
HURST, V. C. J.
This is an action to recover real property sold for taxes. Under 12 O.S. 1941 § 93, subsection 3, such an action must be brought “within two years after the date of recording the tax deed”. The first question for decision is whether the action was commenced within such time.
The facts are not in dispute. Plaintiffs deed was recorded on June 8, 1942, and he filed his petition herein, and caused summons to be issued thereon, on June 7, 1944, one day before the last day of the statutory period. Actual service, however, was not obtained upon any of the defendants until after the…
2Cases cited5 opinions
- English v. T. H. Rogers Lumber Co.Supreme Court of Oklahoma · 1918
- Cowley-Lanter Lbr. Co. v. DowSupreme Court of Oklahoma · 1931
- Texas Title Guaranty Co. v. MardisSupreme Court of Oklahoma · 1939
- Blakeney v. FrancisSupreme Court of Oklahoma · 1924
- German Insurance v. WrightCourt of Appeals of Kansas · 1897
3Cited by4 opinions
- Michael Lindsey v. Dayton-Hudson Corporation, D/B/A Target Stores, a Minnesota CorporationCourt of Appeals for the Tenth Circuit · 1979
- Williams v. EdmondsonSupreme Court of Arkansas · 1975
- Mary Ruth Moore v. William Bell Dunham, (Two Cases)Court of Appeals for the Tenth Circuit · 1957
- Dewey A. Hunt, Sr., Individually and as Personal Representative of Altha H. Hunt, Deceased v. Broce Construction, Inc., a Domestic CorporationCourt of Appeals for the Tenth Circuit · 1982