32 Colo. 67 | Colo. | 1904
delivered the opinion of the court.
Suit was begun by the appellant in the district court to quiet its title to certain unimproved lands in Pueblo county and to remove an alleged cloud consisting of certain tax-sale certificates issued by the treasurer of Pueblo county to the appellee at a tax sale held in Pueblo on the 1st of February, 1897, alleging that the said tax certificates are void and of no effect
Prom the decree the plaintiff prayed an appeal to this court.
In the brief filed by the appellant, the following statement appears: “In this connection, we are confronted with the decision of this court in Charlton v. Kelly, 24 Colo. 273, and to an examination of that case, which we contend announces an utterly erroneous rule of law, entirely unsupported by any authority, good, bad or indifferent, we now address ourselves. In truth, the question, as to whether this court will allow its decision in the Charlton case to stand as the law of this state, or whether it will, refuse to follow that decision, is the chief bone of contention
It was held in the case of Charlton v. Kelly, supra, that where a tax deed has been found to be void, in a suit brought, to remove a cloud upon a title, the decree for the plaintiff should be conditioned to take effect only upon the payment into court within a reasonable time, for the use of the grantee in the deed, of an amount sufficient to reimburse him for the amount for which the land was sold at the tax sale, with interest thereon and penalties as prescribed by section '3905 Mills ’ Annotated Statutes, together with the amount of subsequent taxes paid by him and interest thereon at the rate designated by section 3901. The decree rendered by the court is in compliance with this decision, and the plaintiff was decreed to be the owner in fee of the property upon condition that it deposit in court the amount prescribed by the statute. It is contended that the doctrine announced in thé case of Charlton v. Kelly is not applicable to this case, because in the Charlton case a tax deed had issued, whereas, in this ease, tax certificates only had issued. There is no substantial difference in the cases, and if the Charlton case shall be. reaffirmed, it is decisive of this case. We think we are not warranted in again considering the questions presented in the ease referred to, particularly as* real property is involved; and for the reasons assigned in the case of Mouat Lumber Co. v. Denver, 21 Colo. 1, we must decline to recede from the position then taken. It may be, as counsel contend, that it does not find support in the majority of the other courts of the Union, but that is not a ground for changing the rule of law there announced.
If it were established that an unlawful combination had been entered into to prevent competition and to stifle bidding, a different rule might perhaps pre
, For the reasons given, the judgment is affirmed.
Affirmed.