Callahan v. Reinhardt

• Decision Date: 12 May 1913
• Citation: 132 P. 387,24 Colo.App. 199
• Parties: CALLAHAN et al. v. REINHARDT.
• Court: Colorado Court of Appeals

132 P. 387

24 Colo.App. 199

CALLAHAN et al. v. REINHARDT.

Court of Appeals of Colorado

May 12, 1913

Appeal from District Court, Logan County; H.P. Burke, Judge.

Action by J.B. Reinhardt against Peter Callahan and others. Judgment for plaintiff, and defendants appeal. Affirmed.

McConley & Hinkley, of Sterling, for appellants.

Munson & Munson, of Sterling, for appellee.

MORGAN, J.

Appeal from a judgment for plaintiff in an action to quiet title to one-half of a quarter section of land. The judgment is affirmed upon the authority of the following citations:

A tax deed is void on its face if noncontiguous tracts of land are sold en masse for a gross sum, even when bid in by the county; or if the county clerk assigns the certificate of purchase more than three years after the sale. Fleming v. Howell, 22 Colo.App. 382, 125 P. 551; Stephens-Wilmot Inv. Co. v. Howell, 128 P. 476; Empire Ranch & Cattle Co. v. Coleman, 129 P. 522.

The five-years statute of limitation, limiting the time within which an action shall be commenced to recover land sold for taxes, is no defense in an action to quiet title; nor does it apply where it is based upon a tax deed void upon its face. Empire Ranch & Cattle Co. v. Mason, 22 Colo.App. 612, 126 P. 1129; Munson v. Keim (Sup.) 127 P. 1026; Dimpfel v. Beam, 41 Colo. 25, 91 P. 1107; Page v. Gillett, 47 Colo. 289, 107 P. 290; Bloomer v. Cristler, 22 Colo.App. 238, 123 P. 966; Fleming v. Howell, supra.

Seven full years must intervene between the first payment of taxes and the commencement of the action,, to avail a defendant pleading the seven-years statute of limitations in the case of vacant and unoccupied land. Empire Ranch & Cattle Co. v. Howell (No. 3,586) 132 P. 387, citing Empire Ranch & Cattle Co. v. Howell, 22 Colo.App. 584, 126 P. 1096.

Affirmed.