26 S.D. 52 | S.D. | 1910
It appears from the record: That plaintiff brought this suit in the circuit court to foreclose a real estate mortgage dated August 6, 1886, upon a certain quarter section of land situated in Hand county, given by one Albert Oestreich, mortgagor and then owner of said land, to one T. E. Penney, mortgagee. Afterwards Penney assigned said mortgage to plaintiff. On the 8th day of August, 1893, the county treasurer of Hand county issued and delivered to one Blackman a tax deed to said land, based on a tax sale thereof for the taxes of 1891. That said Blackman immediately took possession of said land and paid the back taxes thereon accruing after 1891, and on the 12th day of August, 1898, Blackman by warranty deed conveyed said land to defendant, who immediately took possession thereof. That said Blackman paid all taxes assessed against said land for the years 1895, 1896, and 1897, and that the defendant, Nettie M. Burton, paid the taxes assessed for 1898. That on November 5, 1900, the said land was sold at tax sale for the taxes of 1899 to Edward I. Burton, the husband and agent of defendant, and the taxes of 1900, 1901, 1902, 1903, and 1904 were paid by Edward I. Burton as subsequent to the tax sale of 1900. In 1905 Edward I. Burton assigned to the defendant the tax sale certificate issued November 5, 1900, and defendant thereupon redeemed from such tax sale. That the defendant paid the taxes assessed against said premises for the years 1905 and 1906. This action was commenced in July, 1906. The defendant claims to be the absolute owner of said land free and clear of all incumbrances under section 54, Code Civ. Proc., which provides that every person in the actual possession of lands, under claim and color of title made in good faith, and who shall have continued for 10 successive years in such
The judgment of the circuit court is therefore reversed, and the court directed to enter judgment in favor of the defendant, Nettie M. Burton, declaring her to be the absolute owner of the lands in question.