Stephens-Wilmot Inv. Co. v. Howell
| Decision Date | 11 November 1912 |
| Citation | 128 P. 476,23 Colo.App. 396 |
| Parties | STEPHENS-WILMOT INV. CO. v. HOWELL. |
| Court | Colorado Court of Appeals |
Appeal from District Court, Yuma County; H.P. Burke, Judge.
Action by Lardner Howell against the Stephens-Wilmot Investment Company. Judgment for plaintiff, and defendant appeals. Affirmed.
R.H. Gilmore, of Denver, for appellant.
John F. Mail, of Denver, for appellee.
Action in ejectment; complaint in the ordinary form. The answer consists of a general denial and a plea of the seven-year statute of limitations pertaining to vacant and unoccupied lands. The replication consists of specific denials. Judgment went for appellee, Howell, who was plaintiff below.
The record in this case is similar to, if not precisely like, that in Empire Ranch & Cattle Company v. Howell (our number 3,477) 128 P. 474. Plaintiff's title rested upon trustees' deeds, emanating from the foreclosure, in some instances, of first, and, in others, of second, trust deeds; there being some five tracts of land involved in the action. Plaintiff's title was sufficient to maintain the action.
To support its title the defendant corporation introduced an original and a correction tax deed, both based on the same tax certificate. This tax certificate was originally issued to the county and by the county clerk assigned more than three years after the date thereof. This fact appears on the face of the original tax deed introduced by the defendant, and is not negatived by the correction tax deed. The tax deeds also show on their face that the land in question was bid in by the county on the first day it was offered for sale. For these reasons the tax deeds were void on their face. Neither of them had been of record for seven years; therefore they were properly excluded by the trial court, and the judgment must be affirmed.
Affirmed.
To continue reading
Request your trial