Vandermeulen v. Burwell

• Decision Date: 08 July 1912
• Citation: 125 P. 131,22 Colo.App. 486
• Parties: VANDERMEULEN v. BURWELL.
• Court: Colorado Court of Appeals

125 P. 131

22 Colo.App. 486

VANDERMEULEN v. BURWELL.

Court of Appeals of Colorado

July 8, 1912

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

Action by Thomas F. Burwell against Daniel Vandermeulen. From a judgment for plaintiff, defendant appeals. Affirmed.

Ezra Keeler, of Akron, for appellant.

Isaac Pelton, of Akron, for appellee.

SCOTT, J.

This action is one to quiet title to the S.W. 1/4 of section 21 township 5 S., range 52 W., in Washington county. The plaintiff alleged and proved title in himself, derived by mesne conveyances from the government.

The defendant relied on three certain tax deeds, based on as many sales of the premises for taxes. The court excluded each of these tax deeds as evidence, for the reasons hereinafter suggested, and rendered judgment for the plaintiff.

The first deed is dated November 16, 1901, and is based on a sale of 1898 for the taxes of 1897. The deed recites: "And whereas, the treasurer of said county did on the 15th day of November, A.D.1898, by virtue of the authority vested in him by law, at (an adjourned sale) the sale begun and publicly held on the 10th day of October, A.D.1898, separately expose to public sale, at the office of the county treasurer in the county aforesaid, in substantial conformity with the requirements of the statute in such cases made and provided the several parcels of real property above described, for the payment of the taxes, interest and costs then due and remaining unpaid, respectively, on each of the said parcels of property as offered for sale as aforesaid; and whereas, at the time and place aforesaid, Arapahoe county, of the county of Arapahoe, and state of Colorado, having separately offered to pay the sum due on each of the said parcels, in all amounting to the sum of twenty dollars and fifty-three cents being the whole amount of taxes, interest and costs then due and remaining unpaid on said property for the whole of each of said parcels of real property, viz [Here follows description of property sold, same as above set forth as property taxed], which was the least quantity bid for, and payment of said sum having been made by it to the said treasurer, the said parcels of property were separately stricken off to it at that price."

It will be seen from this that the tracts of land conveyed in this deed were struck off to the county on the first day they were exposed for sale, and that they were not, on the previous days of the sale, offered or exposed for sale. Under the uniform holdings of this court, the deed was void on its face.

The second tax deed relied on by defendant was dated January 2 1907, and based on a sale of 1902 for the taxes of 1901. The sale was to one W.T. Lambert, and was by the county treasurer of Arapahoe county. The deed was by the county treasurer of...