Johnson v. Sowden

Citations

• 25 Idaho 227
• 136 P. 1136
• 1913 Ida. LEXIS 31

Syllabus

<p>Action to Quiet Title — Adverse Possession — Tax Sale.</p> <p>1. Where the evidence shows that J. was in open, notorious and adverse possession of the land for more than five years continuously before the date of the trial, and that he paid the taxes assessed against his possession, and made improvements upon the land by building a house and barn and fencing a portion of said land, and it appears that S. claims a title upon three tax receipts for the years 1907, 1908 and 1909, and the holder of the tax receipts was at no time in possession of said land or made any improvements upon the same and never demanded or received a deed based upon the tax receipts or from any person who had any title or claim to said property, and J. has shown his title by adverse possession, and S. has shown that he has a lien upon the land for the taxes he paid, with interest, for the years 1907, 1908 and 1909, it is error on the part of the trial court to enter a judgment quieting the title to each of the parties to a part of the tract of land.</p> <p>2. In an action to quiet title, where it is shown that J. and S', both claim title, one by adverse possession and the other by reason of being holder of three tax receipts for the years 1907, 1908 and 1909, and J. showed by the evidence tnat he has complied with the law as provided in sees. 4041, 4042 and 4032, Kev. Codes, and the holder of the tax certificates never returned the same or demanded a deed of said lands upon the certificates and never went into possession of the land, the adverse possession should not be defeated by the lien of the tax certificates, but the adverse owner should pay to the holder of the tax certificates the amount due for taxes under the law.</p>