Empire Ranch & Cattle Co. v. Brownson

• Decision Date: 13 July 1914
• Docket Number: 3986
• Citation: 142 P. 421,26 Colo.App. 228
• Court: Colorado Court of Appeals
• Parties: EMPIRE RANCH & CATTLE CO. v. BROWNSON et al.

142 P. 421

26 Colo.App. 228

EMPIRE RANCH & CATTLE CO. v. BROWNSON et al.

No. 3986

Court of Appeals of Colorado

July 13, 1914

Error to District Court, Washington County; H.P. Burke, Judge.

Action by Catherine F. Brownson and others against the Empire Ranch & Cattle Company. Judgment for plaintiffs, and defendant brings error. Affirmed.

R.H. Gilmore, of Denver, for plaintiff in error.

William H. Wadley, of Denver, for defendants in error.

BELL J.

This action was brought by the defendants in error in the district court of Washington county, Colo., May 31, 1910, under section 255, Mills' Ann.Code, to quiet their title to the S.E. 1/4, section 18, township 2 N., range 51 W., of the sixth P.M. The case was tried to the court without a jury and a decree was entered quieting the title to the premises in the defendants in error upon their paying into the registry of the court for the use of the plaintiff in error the taxes, penalties, and costs, amounting to the sum of $77 expended by it. The defendants in error deraigned title to the premises through divers mesne conveyances to their father, John M. Brownson, from whom they inherited the same as his heirs at law.

The plaintiff in error relied upon the five and seven year statutes of limitation, and, in support thereof, set up a county treasurer's tax deed, which shows a sale of the premises, together with other noncontiguous property, en masse for a gross sum, thereby rendering the deed void upon its face (Johnson v. Gibson, 24 Colo.App. 392, 393, 133 P 1052; Foster v. Gray, 24 Colo.App. 247-250, 133 P. 146; Callahan v. Reinhardt, 24 Colo.App. 199, 200, 132 P. 387) and, being void upon its face, it did not set in operation the five-year statute of limitation (Callahan v. Reinhardt, 24 Colo.App. 199, 200, 132 P. 387).

Plaintiff in error contends that it has held the premises in dispute under claim and color of title made in good faith and has paid all taxes assessed there against for seven successive years immediately prior to the commencement of the action. The tax deed relied upon as color of title was filed for record November 18, 1902; the first payment of taxes after obtaining and recording said deed which could have started the running of the seven-year statute, was made June 3, 1903 and the action was commenced May 31, 1910, some three days less than seven years from the date of said first payment. Less than seven years having expired...