Farnik v. Board of County Commissioners of Weld County

Prior to December 1936, the defendant, Durland Trust Company, was the owner of E 1/2, Sec. 35, Twp. 7 North, Range 59 West of the 6th P.M., Weld County, Colorado. Taxes levied for the year 1935 against said property being unpaid, the County Treasurer of Weld County, on December 14, 1936, caused said property to be sold for nonpayment of taxes. The tax sale certificate was issued to Weld County, as provided by law, and thereafter on November 15, 1940, a treasurers deed to said land was issued to Weld County. The validity of the proceedings leading up to the issuance of this deed and the validity of the deed itself are not in question. Weld County, on December 10, 1942, more than two years after receiving the treasurers deed, through court decree quieted its title to said lands. On November 22, 1943, twenty days short of one year after the decree quieting the title had been entered, the county offered at public sale the above tract and 166 other tracts, title to all of which had been acquired through treasurers deeds issued on account of non-payment of taxes. Offers of sale expressly provided that the county would reserve all minerals. Farnik purchased said E 1/2, Sec. 35, and paid therefor the sum of $800.00. The deed issued to him on December 9, 1943, by Weld County expressly provided: