Brown v. Gibson
Brown v. Gibson
Opinion of the Court
delivered the opinion of the court:
The controversy is over a quarter section of land in Logan County. Charles E. Gibson, -appellee here, brought suit in ejectment, against G. C. Brown, appellant here, alleging ownership of and right of possession to the property, and the wrongful withholding of the possession by Brown. For answer, the latter denied all allegations of the complaint, and set up affirmatively that he was the owner in fee and entitled to the possession of the premises, relying upon a tax deed to establish title. A replication put in issue all new matter of the answer. The court rendered judgment for Gibson on March 13, 1911, finding that he was the owner of the property and entitled to immediate possession; that Brown had no right, title or interest therein; and that the tax deed upon which the latter relied to establish title was void upon its face. The court further found that Brown had paid in taxes the sum of $190.00, which he was entitled to have refunded. Brown brings the case here for review.
Only one proposition need be considered, since our view thereon necessitates a reversal of the judgment.
Judgment reversed.
Mr. Justice Gabbert and Mr. Justice Hill concur.
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