63 Ind. App. 304 | Ind. Ct. App. | 1916
This is an action to quiet title to certain lots and to set aside a tax deed held by appellee Horace Nelson. There was a cross-complaint to quiet title under such tax. deed. Upon request the court filed á special finding of facts with conclusions of law stated thereon.
The facts found by the court are, in brief, as follows: On April 30, 1908, appellant was the owner of the real estate in controversy and on that date conveyed the property to John W. Trotter.' On August 31, 1908, Trotter and wife conveyed it to Effie M. O’Donnell. Each of these deeds was recorded in the recorder’s office of Hendricks county "within forty-five days after their execution. On December 15, 1908, Mrs. O’Donnell, her husband joining, deeded the property to James R. Gum. On December 18, 1909, Gum and wife deeded the property to appellant. The two last-mentioned deeds were recorded on July 10, 1914. While the property was in the name of Effie M. O’Donnell and while it so appeared on the tax duplicate, the taxes became delinquent for the years 1909 and 1910, and the property was sold for taxes by the treasurer on February
The court concludes as a matter of law: “(1) That the defendant and cross-complainant Horace Nelson is the owner in fee simple of the real estate in question and entitled to have his title quieted thereto; (2) that the law is against the plaintiff and that he take nothing hy this action; and (3) that the defendant recover his costs from the plaintiff.”
Appellant’s contentions are based on two' propositions: (1) That there was no demand or search for. personal property (belonging to appellant) prior to the sale; and
The contention of appellant cannot be upheld. The
Note. — Reported in. 114 N. E. 459. Tax sales, where made, 33 L. R. A. 06; 37 Oyc 1334. See under (2) 38 Cyc 1985; (4) 37 Cyc 1479.