Smith v. Fergus County

In the spring of 1931, Fergus county obtained a tax deed to a large tract of land then in the possession of one V. W. Searda as a tenant. The county commissioners labored under the belief that, on receipt of a tax deed, the county was entitled to immediate possession of any lands described in the deed, regardless of the occupancy thereof. They were willing to lease a part of the land to Searda, but thought he was holding more land than he could handle.

On April 14, 1931, the county, acting through its board of county commissioners, in regular session entered into a contract in writing by which…