(Download) "Gallash v. Willis" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Gallash v. Willis
- Author : Supreme Court of Montana
- Release Date : January 10, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Quieting Title ? Tax Deeds ? Notice of Application ? Posting ? Duty of County Treasurer ? Description of Land ? Affidavit ? Sufficiency ? Correction Deed ? When Issuance Proper ? Evidence. Tax Deeds ? Notice of Application ? Posting ? Affidavit ? Duty of County Treasurer. 1. The county treasurer is without authority to issue a tax deed unless the applicant has shown by his affidavit that, where the property is unoccupied, he posted notice of application therefor in a conspicuous place upon the property as required by sections 2209, 2212, Revised Codes 1921, the affidavit constituting the basis upon which the treasurer acts. Same ? Notice of Application ? Description of Land ? Posting ? Affidavit ? Sufficiency. 2. In an action to quiet title to property sold for delinquent taxes, defendant holder of the tax deed showed by his affidavit of posting notice of application for the deed that the posting was done on the northwest quarter of a certain section and in a conspicuous place upon the property in question then unoccupied; the notice disclosed that the property sold was the northwest quarter of the northwest quarter of that section. Held, as against the contention that the affidavit was defective in its description of the land, that since the northwest quarter of the northwest quarter is a part of the northwest quarter and the affidavit recited that the notice was posted in a conspicuous place upon the property as described in the notice, the affidavit was a sufficient compliance with the statute. Same ? Improper Deed ? Duty of Treasurer to Issue Correction Deed ? Evidence. 3. Where the county treasurer issues an irregular or improper tax deed it is his duty to issue one in correct form, and therefore objection to the introduction of a correction deed in evidence in an action to quiet title was properly overruled.
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