83 P. 529 | Or. | 1906
delivered the opinion.
“Nor shall any such action, suit, or preceeding be brought unless within two years from the date of record of the deed by the sheriff.”'
As appears from the title and body of the act, it has reference' .to lands bid in by counties at delinquent tax sales and to the sale and disposition thereof. The only deed therein mentioned or referred to is the one to be given by the sheriff, as provided in Section 4, and therefore the clause quoted necessarily must have reference to such deed, and not to a deed given by a sheriff to a purchaser at a delinquent tax sale.
For these reasons, we think the court below was in error in sustaining the demurrer to the complaint. The questions sought to be litigated can be more intelligently considered after a trial upon the issues tendered by the complaint, and we therefore refrain from expressing any opinion upon the other questions argued by counsel. The decree will be reversed, and the suit remanded to the court below, for such further proceedings as may be proper, not inconsistent with this opinion. Reversed.