Diehm v. Carver

I deem it proper to dissent to the majority opinion in this ease.

This cause involves the validity of a resale tax deed. The property involved is a five-acre tract of improved suburban acreage situated in Oklahoma county. On June 3, 1941, the land was sold at resale to W. A. Carver for $75.75, and resale deed was executed and recorded.

On June 27, 1941, this action was instituted by Andrew Diehm and Henry F. Schwarze, as plaintiffs, against W. A. Carver, as defendant.

Andrew Diehm held only a nominal interest in the land. The beneficial ownership was in Schwarze.

Schwarze was negligent in paying…