Van Voast v. Blaine County

1. Tax deeds ? Burden of proof of occupancy. A party challenging a tax deed on the ground that as occupant of the property he was entitled to notice of the expiration of the redemption period had the burden to establish that he was the person occupying the property and entitled to notice under the statute. 2. Appeal and error ? Findings of trial court presumed to be correct. On appeal, the presumption is that the decree and finding of the trial court are correct and the trial courts findings must be sustained if they are supported by substantial evidence, and all legitimate and reasonable inferences must be indulged toward upholding the findings. 3. Fences ? Allowing fence to become disrepaired is against public policy. To allow or permit sagged or fallen fencing wire to clutter the range and become a menace to persons riding or walking thereover is against the declared public policy of the state. 4. Tax deeds ? Finding of non-occupancy sustained. Where plaintiff discontinued paying rent after the expiration of a three-year lease on a half section of grazing land and failed to maintain any fences for more than ten years, and where at the time the county made application for tax deed thereon the land was unenclosed grazing land where everyone ran livestock, including the plaintiff and his neighbors, a finding that plaintiff was not "occupying" the lands, so as to be entitled to notice of application for tax deed was sustained.