The controlling questions in this case were involved and decided in the case of Emmons Co. v. Thompson (decided this term) 9 N. D. 598, 84 N. W. Rep. 385. The order appealed from is in all things reversed, and the District Court is directed to enter an order reversing the same, and also to enter an *611order denying the application made herein to vacate said judgment and tax sale, with costs of both courts to appellant.