Baker v. Smith

This is an action in ejectment by H. E. Smith to recover from defendant, John T. Baker, 20 acres of land in Baker’s possession. Smith claimed title under a tax deed. Baker filed an answer and cross-petitioned alleging the invalidity of the deed, tendering into court $56.19 as the taxes due, and asked that the deed be canceled. The trial court, on September 10, 1940, canceled the deed, found that the taxes due were in excess of the amount tendered, rendered judgment for Smith for $102.73, which on motion for new trial was reduced to $92.75, gave Smith a lien on the land for that amount, and…