Victor L. Peterson v. William D. Callister

One Bales became patentee of the subject property in 1926. Thereafter he paid no taxes. In 1932, pursuant to a San Juan County treasurers certificate, the property was struck off to the county for taxes amounting to $32.74, by virtue of an unacknowledged Auditors Tax Deed, which instrument, however, was recorded. In 1944 the county, by an unacknowledged Tax Deed, purported to sell the property to plaintiff in consideration of payment * * * of delinquent taxes * * * constituting a charge against said real estate which was sold to San Juan County * * * for nonpayment of general taxes assessed against it for the years 1927-8-9-30 in the sum of $250.00 * * * This deed also was recorded, although not acknowledged. Since then the plaintiff has occupied and operated the property as a farm. In 1948 the defendant obtained a quitclaim deed from Bales, the patentee, but he has not occupied, paid taxes on or attacked the possession of plaintiff at any time. This suit was commenced in 1955.