Edmondson v. Burke

BERRY, Justice:

Plaintiff in error brought suit in the trial court seeking cancellation of a resale tax deed issued to defendant in error. The trial court sustained a demurrer to plaintiff’s evidence and dismissed the action. This appeal involves only the single issue of correctness of the trial court’s determination.

Plaintiff was the owner of three lots in Muskogee, Oklahoma, upon which taxes for years 1960-1962, inclusive, were unpaid. The lots were purchased by the County at regular sale for delinquent taxes. Thereafter the property was advertised and sold at the 1964 tax resale, defendant…