Richards v. Beggs
Supreme Court of Colorado
Error to the District Court of Phillips County. Plaintiff in error brought an action in ejectment against the defendants in error. Section 3902a, 3 Mills’ Ann. Stats., provides that a deed shall not issue ■for lands sold for taxes of an assessed valuation of five hundred dollars, unless there has been served •upon the parties specified a notice when the time for redemption from such sale will expire.
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Error to the District Court of Phillips County. Plaintiff in error brought an action in ejectment against the defendants in error. Section 3902a, 3 Mills’ Ann. Stats., provides that a deed shall not issue ■for lands sold for taxes of an assessed valuation of five hundred dollars, unless there has been served •upon the parties specified a notice when the time for redemption from such sale will expire. Plaintiff’s only evidence of title to the premises in dispute was a tax deed, which he offered without any preliminary proof as to the assessed valuation of the land which it purported to convey,…
1Opinion of the CourtJustice Gabbert
In the absence of statute, a tax deed is not admissible in evidence except it be accompanied by proof that' the requirements of the law which authorize its issuance have been complied with.—Lebanon M. Co. v. Rogers, 8 Colo. 34 Section 3902, 2 Mills’ Ann. Stats.,' provides that a tax deed, when substantially executed in the statutory form, shall be prima facie evidence of certain facts. None of these matters, however, .cover the prerequisites to obtaining a tax deed as contemplated by sec. 3902a, supra. By the provisions of this section a tax deed cannot issue upon a tax sale certificate…
2Cases cited1 opinion
- Lebanon Mining Co. of New York v. RogersSupreme Court of Colorado · 1884
3Cited by14 opinions
- Young v. RohanSupreme Court of Colorado · 1925
- Treasury Tunnel Mining & Reduction Co. v. GregorySupreme Court of Colorado · 1906
- Eagan v. MahoneyColorado Court of Appeals · 1913
- Jackson v. LarsonColorado Court of Appeals · 1913
- Eagan v. MahoneyColorado Court of Appeals · 1913
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