Smith v. Brooks

The action from which this appeal arises was filed by Ira Brooks, defendant in error, hereinafter called plaintiff, against Minnie M. Smith, plaintiff in error, hereinafter called defendant, to cancel a resale tax deed covering a 40-acre tract of land located in Wagoner county. A jury was inpaneled to try the cause. Judgment was rendered canceling the resale tax deed, and defendant appeals to this court.

The pertinent part of the evidence introduced at the trial upon which the judgment is based is that plaintiff’s husband purchased the land in 1935 and a mortgage was given back for the purpose…