McCracken v. Cones
| Decision Date | 01 July 1912 |
| Parties | McCRACKEN v. CONES. |
| Court | Colorado Supreme Court |
Error to District Court, Conejos County; Chas. C. Holbrook, Judge.
Action by George B. Cones against S.D. McCracken and others. Decree for plaintiff, and defendant McCracken brings error. Affirmed.
Cones, defendant in error, brought suit against plaintiff in error, McCracken, and others, to quiet title to certain real estate. McCracken was personally served with summons in the action, but failed to enter an appearance. Default was entered against him, and a decree rendered, quieting title to the real estate involved in the plaintiff, and annulling two certain tax deeds on the premises executed and delivered to McCracken. The decree did not provide for reimbursing McCracken on account of taxes paid by him on the premises. He brings the case here for review on error. The sole proposition urged on his behalf is that the court erred in not making provision in the decree for reimbursing him for taxes paid subsequent to the execution of the tax deeds.
Jesse Stephenson, of Monte Vista, for plaintiff in error.
John F. Mail, of Denver, for defendant in error.
GABBERT, J. (after stating the facts as above).
One claiming under a tax deed which is annulled is not entitled to a refund of taxes paid by him on the premises subsequent to the delivery of the deed, unless he gives evidence of the fact and the amount of the payment. Eaches v. Johnston, 46 Colo. 457, 104 P. 940; MaKinley-Lanning Co. v. Varney, 19 Colo.App. 210, 74 P. 338.
Judgment affirmed.
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