87 N.W. 188 | N.D. | 1901
The actions-labove entitled are between the same parties, and both are statutory actions, brought to quiet title to real estate situated in the county of Emmons. There are two tax deeds involved, each describing a quarter section of land. Both were issued on the same day and are similar in form and in their effect. The pleadings in the actions are identical in language, except as to the land described. By stipulation the cases were consolidated for all purposes of trial, and in this court the two cases are presented by a single statement of the case. Both cases will therefore be disposed 'of in this opinion. For convenience of reference, the two cases will be treated as -one. The complaint alleges that plaintiff is the holder and owner of a first mortgage on the land described in the complaint, and prays that a certain tax deed referred to in the complaint may be cancelled as an adverse claim. The answer annexes the tax deed, and alleges that the same is a valid deed, and that this action is barred by the statute, for the reason that said deed had been recorded more than three years prior to the commencement of this action. The answer further states that the defendant is the owner of the land, and in the occupancy thereof. The answer also embraces a prayer to the effect that plaintiff’s lien be cancelled as a cloud on defendant’s title. The judgment entered below sustained the validity of the deed, and canceled the plaintiff’s mortgage as a cloud on the title of the defendant. The record includes all the evidence, and a trial anew in this court, is demanded. It is conceded that the decision in this court