Faulkner v. Kirkes

1 William D. Faulkner brought this action in the District Court of Latimer County to cancel and set aside a certain certificate tax deed issued to defendant Lee Kirkes by the County Treasurer of Latimer County on 120 acres of land owned by plaintiff, alleging that said certificate tax deed was obtained by fraud and was void. Defendant answered asserting as a bar to plaintiffs action a judgment of the District Court of Latimer County quieting title to said land in defendant; the service upon plaintiff in said quiet title action was by publication. Plaintiff replied alleging that such judgment was void on its face because of insufficiency of the affidavit for service by publication and affidavit of non-mailing.