Nolan v. Wallen

• Decision Date: 23 September 1947
• Citation: 305 Ky. 416,204 S.W.2d 574
• Parties: NOLAN et al. v. WALLEN et al.
• Court: Kentucky Court of Appeals

204 S.W.2d 574

305 Ky. 416

NOLAN et al. v. WALLEN et al.

Court of Appeals of Kentucky

September 23, 1947

Appeal from Circuit Court, Harlan County; J. S. Forester, Judge.

Action in equity by Dezzie Wallen and others against Austin Nolan and others to quiet title to certain land. Judgment for plaintiffs and defendants appeal.

Affirmed.

G. G Rawlings, of Harlan, for appellants.

Astor Hogg, of Harlan, for appellees.

DAWSON Justice.

This is an action in equity to quiet title to approximately 50 acres of land located on Pine Mountain in Harlan County.

Appellees allege that they, together with Alice Turner and John L Turner, are the heirs of one Sudie Hall, and by reason thereof are the owners and in possession of the land in controversy; that the appellants are wrongfully claiming title thereto and thereby causing a cloud upon appellees' title. Appellants' answer is a mere denial of the allegations of the petition.

Sudie Hall acquired title to the property by a tax deed dated December 18, 1908. A certified copy of this deed was produced, proven and is a part of the record. Appellees proved the allegations of the petition and in addition traced title to the property into C. W. Hall, the husband of Sudie Hall, who failed to pay taxes on the land for the years 1900 and 1901. The sheriff sold the property for the unpaid taxes in 1902, and Sudie Hall became the purchaser at the sale. As stated, the deed was executed in 1908, and was promptly recorded. This deed is regular on its face.

Appellees by depositions show a connected chain of title back to the patent granted by the Commonwealth, filing copies of the various deeds and the patent, all of which are a part of the record. Appellants introduced no proof whatever and the trial court rendered a judgment to the effect that appellees together with Alice Turner and John L. Turner, are the owners of the land, each having an undivided 1/5 interest therein.

For reversal it is contended that Sudie Hall did not get title to the land by the tax deed because she did not give legal notice to the owner. It is insisted that such notice, as well as the other steps required by statute, must be pleaded and proved by appellees in order to support their claim to title under the tax deed.

The decision of this case is controlled by KRS 134.570, which reads as follows: 'In all actions and controversies involving the title to land claimed or held under a deed executed by the sheriff pursuant to a sale for taxes made prior to June 12, 1940, the deed shall be prima facie evidence of the regularity of the sale and of all prior proceedings and title in the person to whom the deed was executed.'

This statute...