Gibson v. Freeland

The opinion of the court was delivered by

Johnston, C. J.:

This case turns upon the validity of a tax deed. Originally Lizzie Welch brought a suit against W. J. Pottorf, the Anthony Loan and Trust Company and Alonzo Whitcomb to quiet her title to a quarter-section of land as against the defendants. On a publication notice to defendants, judgment was rendered in favor of the plaintiff on April 25, 1904. In April, 1906, Charles E. Gibson, who claimed to have acquired the mortgage and interest formerly held by Whitcomb, moved the court to vacate the judgment quieting title, on the ground that…