49 Colo. 105 | Colo. | 1910
delivered the opinion of the court:
This action was brought by the appellant, as plaintiff to quiet her title to a quarter section of land in Kit Carson County. The complaint alleges that the plaintiff is the owner and in possession of the land; that the defendants claim an interest adverse to' plaintiff; that such claim is without right and that the defendants have no right or title. The defendant, Carnahan, answered denying the ownership and possession of plaintiff and s.etting forth that he is the owner in fee of the land. The plaintiff claimed the land under a tax deed. When this deed was offered in evidence, the lower court, upon objections to its admission, held it was void on its face and would not admit it. No complaint of this ruling is made in the brief. A decree was entered for the. answering defendant, adjudging that he was the owner in fee of the land; that the tax deed was void; that the cloud created thereby be removed; that the defendant, within thirty days, pay into court for the plaintiff, the sum of $51.88, to reimburse her for taxes and interest paid by her, and that in default of such payment the decree should be void. The appellant first contends that there are no alie
Affirmed.
Mr. Justice G-abbert and Mr. Justice Hut, concur.