delivered the opinion of the court;

One claiming under a tax deed yhich is annulled is not entitled to a refund of taxes paid by him on the premises subsequent to the delivery..of the deed unless he gives evidence of the fact, and the amo.unt of the payment.- Eaches v. Johnston, 46 Colo. 457; McKinley-Lanning Co. v. Varney, 19 Colo. App. 210. Judgment affirmed.