Carroll v. Kit Carson Land Co.

*218This appeal is from a judgment of the Kit Carson district court against the plaintiffs in an action to quiet title to a quarter-section of land. The defendant relied upon two tax deeds, and a decree obtained thereupon in a prior action 'to quiet title against plaintiffs ’ grantor, instituted after plaintiffs received their deed from him for the land, but before they recorded it. They were not parties to the suit in which the said decree was obtained, and the default of their grantor was entered therein on service by publication.

The judgment should be reversed. The tax deeds were void, as held…