Routh v. Board of County Commissioners

The opinion of the court was delivered by

Mason, J.:

Henry H. Routh brought ej ectment under a tax deed against the board of county commissioners of Finney county and recovered a judgment, from which an appeal is taken. The defendant practically admits that the plaintiff established his right to recover unless he was estopped to assert title under the tax deed by k judgment rendered in an action previously brought by him for the rent of the same property.

The claim for rent was originally presented to the county boa,rd. It was disallowed, and Routh appealed to the district court. A trial there…