Cass v. Nitsch

Calkins, C.

The plaintiff Vergil R. Gass in 1901 was the owner of a tract of land in Hayes county against which certain state, county and school district taxes had been levied for the years from 1894 to 1900, inclusive. There had been no administrative sale for these taxes, but the county com*229menced and prosecuted action to foreclose the lien thereof. Constructive service was had upon the plaintiff Cass, but he had no actual notice of the pendency of the action in time to appear and defend, and the same was prosecuted to final decree and the land sold to the defendant Joseph Nitseh, to whom it…