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Submitted September 20, 1946. 1. Indians — When Indian land becomes taxable. Where a fee-simple patent has been issued to an Indian ward, he is emancipated and the lands thereafter become taxable by the state. 2. Public lands — Assent to patent issuance presumed. Where a patent is issued by authority and direction of law, and the patentee does not expressly dissent, his assent and acceptance are to be presumed from the beneficial nature of the grant. 3. Indians — Indian ward could not disregard patent. Where an Indian ward consented to issuance of fee patent as authorized under the statute and thereafter mortgaged and sold the land covered thereby, the ward could not disregard the fee patent, the conveyance thereafter made and claim rights of the trust status. 4. Taxation — Notice of application for tax deed held sufficient. A notice of application for tax deed dated December 30, 1935, which recited that the deed would be applied for on March 3, 1936, was sufficient under the statute so far as the record owner was concerned. 5. Taxation — Notice to record owner made by mailing — Affidavit held sufficient proof. An affidavit filed by the county clerk in the county treasurer's office showing that he deposited in the United States post office an envelope containing a copy of the notice of application for tax deed, by registered mail, postage prepaid, addressed to the record owner of the land, was sufficient proof to justify the county treasurer in issuing the tax deed. 6. Taxation — Application for tax deed — When publishing of notice required. The statute requires publication of notice of application for tax deed only in case the post office address of the record owner, mortgagee or assignee, be unknown. 7. Appeal and error. Point not raised by the pleadings would not be considered on appeal.

Professional & Technical
November 14
LawApp Publishers

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