22 Colo. App. 382 | Colo. Ct. App. | 1912
delivered the opinion of the court.
Appellee, as plaintiff, brought this action in the nature of ejectment, to recover from the defendant
Plaintiff deraigned- title from the original patentee through several mesne conveyances. No serious objection was made to plaintiff’s title, except that it was defeated by the several tax deeds and the statutes of limitation as hereinbefore set forth.
Defendant’s several tax deeds were refused admission as evidence of title, but admitted for the purpose of showing color of title. Each was void on its face. The first deed, because it showed the sale to the county of several non-contiguous tracts of land, en masse, for a gross sum, and that the certificate of purchase, upon which the deed was based, had been assigned by the county clerk more than three years after the tax sale and issuance of said certificate. — Emerson v. Shannon, 23 Colo., 274. Page v. Gillett, 47 Colo., 289. Hughes v. Webster (Colo.), 122 Pac., 789, 790. Carnahan v. Sieber Cattle Co., 34 Colo., 257. Empire Ranch & Cattle Co. v. Coldren (Colo.), 117 Pac., 1005. McLaughlin v.
Seven years and four months had elapsed after the first tax deed had been recorded, before suit was brought, and all taxes assessed upon said lands during that time had been paid by the defendant, but the deed, being void on its face, did not operate to set the five-year statute of limitations in motion. —Gomer v. Chaffee, 6 Colo., 314. Page v. Gillett, supra. Sayre v. Sage, 47 Colo., 559. Hughes v. Webster, supra.
The tax deed relied upon by the defendant gave him color of title from the date of its record. — Morris and Thombs v. St. Louis National Bank, 17 Colo., 231. Sayre v. Sage, supra. Hughes v. Webster, supra. But it is. not necessary to decide whether the bar of the seven-year statute of limitations began to run from the date of such record, or whether the payment of taxes, admitted and otherwise established, was sufficient to constitute an effective bar to the suit, if compliance with other provisions of the said statute had concurred therewith; for, the evidence does not prove such concurrence. It does
Express mention of other exceptions taken and assignments of error made by appellant, is unnecessary, by reason of decisions of the supreme court upon the questions involved,- rendered ■ since the briefs in this case were filed. And particular refer
Finding no substantial error in the record, the judgment of the trial court will be affirmed.