Inman v. White

• Decision Date: 11 March 1912
• Citation: 122 P. 65,21 Colo.App. 427
• Parties: INMAN v. WHITE.
• Court: Colorado Court of Appeals

122 P. 65

21 Colo.App. 427

INMAN v. WHITE.

Court of Appeals of Colorado

March 11, 1912

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

Action by R.N. White against Darwin M. Inman. From a judgment for plaintiff, defendant appeals. Affirmed.

J.S Bennett, for appellant.

Munson & Munson, for appellee.

SCOTT P.J.

The plaintiff below, appellee in this court, filed his complaint in the district court of Phillips county on the 23d day of July, 1907, asserting ownership and possession of the S.W 1/4 of section 21, township 7 S., range 45 W., sixth P.M and praying that title to the premises be quieted in him. The defendant below, appellant here, answered, denying title claimed by plaintiff, and asserting title in himself, and praying that title to the premises be quieted in himself. It appears that at the institution of the suit the land in question was vacant and unoccupied. The proof of the plaintiff shows: A patent from the government to George W. Jackson; a mortgage from Jackson and wife to Emily L. Gladding; a certificate of purchase from the sheriff of the county under foreclosure of this mortgage and a sale in such proceeding to the mortgagee Emily L. Gladding dated May 21, 1894; the death of Emily L. Gladding on the 24th day of June, 1894; and probate proceedings showing M. Louise Gladding to be the only child and sole heir of Emily L Gladding. Then a deed from the sheriff of the county in pursuance of the sale, and the certificate issued thereunder, to the said M. Louise Gladding, afterward a special warranty deed from M. Louise Gladding to the plaintiff, White. The plaintiff also claims further title in M. Louise Gladding by virtue of a tax deed from the treasurer of the county to L.A. Watkins, dated June 9, 1892, and thereafter and on the 8th day of May, 1894, by a quitclaim deed from Watkins to Emily L. Gladding. The defendant claims under a tax deed from the treasurer of the county, dated May 7, 1892, to L.E. Ainsworth, and from Ainsworth by mesne conveyance to the defendant. The defendant further claims under a judgment of the county court of Phillips county, dated February 10, 1906, in an action wherein the defendant below in this case was plaintiff and Burton and Harvey, Emily M. Gladding, and Marie Louise Gladding were defendants, purporting to quiet title in the premises in Niels Hanson, grantor of defendant below, and plaintiff in that case. An objection to all this testimony of defendant was sustained by the court and the same excluded, whereupon the court rendered judgment for the plaintiff in accord with the prayer of the complaint, and this is assigned as error.

The tax deed under which defendant claims upon its face shows that several distinct and noncontiguous tracts of land were offered and sold en masse, and not separately, as the law requires, and that the tax for which the sale was made was the tax for the entire property sold, and does not show the amount of tax on each separate and distinct tract, and particularly upon the tract in question. The deed was therefore void on its face.

The judgment in the county court upon which defendant relies was obtained in a suit in which the plaintiff was not made a party, had no notice, and did not appear, notwithstanding the fact, as appears from the record, that all the evidences of title under which plaintiff claims, and as above set out were duly filed and recorded in...