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eBook details

• Title: Small v. Hull Et Al.
• Author : Supreme Court of Montana
• Release Date : January 14, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Real Property ? Tax Sales ? Tax Deeds ? Service of Notice of Application for Deed Jurisdictional ? Statute ? Quieting Title. Tax Sales ? Application for Deed ? Service of Notice of Application ? Statute Binding on Counties. 1. The provision of section 2209, Revised Codes 1921, requiring the purchaser of realty at delinquent tax sale to serve notice of his application for deed upon the owner thirty days before applying therefor, is as binding where a county is the purchaser as where the applicant is an individual. Same ? Tax Deed Issued Without Service of Notice of Application for Deed Void. 2. A tax deed issued without service of the thirty-day notice upon the owner of the property of the purchasers application therefor is void. Same ? Requirement That Purchaser at Tax Sale must Serve Notice of Application for Deed Jurisdictional ? Quieting Title ? Statute. 3. Notwithstanding the provision of Chapter 85, Laws of 1927, that a duly executed tax deed is conclusive evidence of all tax - Page 526 proceedings up to the execution of the deed, the owner may in an action to quiet title show that notice of the application for tax deed was not served upon him as required by section 2209, supra, such requirement being jurisdictional. Same ? Issuance of Tax Deed Without Service of Notice of Application Therefor Deprives Owner of Property Without Due Process of Law. 4. Held, that the provision of Chapter 85, Laws of 1927, that an owner of realty sold for delinquent taxes may not maintain an action to set aside a tax deed thereto as irregular or void unless commenced within one year from date of its issuance, amounts to a taking of his property without due process of law, where the affidavit required by section 2212, Revised Codes 1921, showed upon its face that notice of application for the deed had never been served upon the owner, though the deed recited that this had been done.

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