Kessler v. Polkosky

The opinion of the 'court was delivered by

Benson, J.:

This action was commenced by Rufus G. Kessler to recover two adjoining quarter sections of land from Frank Polkosky and wife, who were in possession under a tax deed purporting to convey all the land and a sheriff’s deed upon one quarter section of it. The plaintiff owns the fee, unless devested of all or a part by the conveyances named.

The tax deed was issued in September, 1897, upon a tax sale held on September 4, 1894, for the taxes of 1893, made to the county. The certificates, with the taxes of 1894 and 1895 charged thereon, were…