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53 Colo. 321

McCracken v. Cones

Supreme Court of Colorado

Decided April 15, 1912

Supreme Court of Colorado · decided 1912-04-15

Brror to Conejos District Cou,rt. — Hon. ChareES C. Hoebrook, Judge. Cones, defendant in. error, brought suit against plaintiff in error, McCracken, and others, to quiet title to certain real estate. McCracken was personally served with summons in the action, but failed to enter- an appearance.

Cited by 3 later decisions — most recently January 1932

3 state decisions

Relies on Eaches v. Johnston · McKinley-Lanning Loan & Trust Co. v. Varney

Good law ✅— No negative treatment on recordhow we know

Decided 1912-04-15

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Mr. Justice Gabbert

¶1delivered the opinion of the court;

¶2One claiming under a tax deed yhich is annulled is not entitled to a refund of taxes paid by him on the premises subsequent to the delivery..of the deed unless he gives evidence of the fact, and the amo.unt of the payment.- Eaches v. Johnston, 46 Colo. 457; McKinley-Lanning Co. v. Varney, 19 Colo. App. 210. Judgment affirmed.

Mr. Justice Musser and Mr. Justice Hill concur.
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