The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1881-01-16

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Simpson a. barnard VS.. Dyer & Null
queen.
The decision in this case rendered by
the district court, Judge James b. Sc
ner presiding, on Friday, is of special
interest in this. that it established the
validity of a tax deed madeby a coun-
ty treasurer of Laramie county, in pur-
suance of a tax sale made by the coun-
ty treasurer in 1876, for two adjacent
lots in Cheyenne. 1t seems that when
one of the lots was listed for taxation
in 1876, there were no improvements
upon it; but subsequently improve
ments were made upon it by either
Ruthledge or the Moores, who con-
yeyed it by mortgage to one Pagan.
and Timothy Dyer became the pur-
chaser of their right, title and interest,
under and by virtue of a mortgage
which was forelosed by decree of the
district court of this county. Dyer re-
lied upon his deed under this foreclose-
ure suit alone, and showed no other le-
gal title, and did not connect himself
in any way with the equitable title
from the Union Pacific railroad COM
pany, who were the original grantors,
that company deriving its title directly
by grant from the United States, in the
nature OF a quit claim deed to one
John ID. Stevenson, the quit claim deed
being executed by n Dodge, in pur-
suance of a resolution of the board Of
directors of the Union Pacific railroad
company. The defendants objected to
the plaintiffs title on the ground that
the requirements of law in regard to
tax sales were not complied with; and
they specially objected because the lots
were not separately listed. But the
court held on the authority of Martin
vs.. Cole, ct al, 38 Iowa, 141, that
lots lying contiguous might be assessed
in one parcel, and all the authorities
agree that where lots are assessed to
the owner either Of the legal or equita-
BILE title, and regularly advertised, and
sold as advertised, and as listed, the
sale is valid and binding, not only as
against Dyer in this case, but in its
opinion the..court said as obiter dicta, for
that matter did not arise upon the rec
ord, because Stevenson vas no party to
the record, but the sale was valid even
as against an assertion by Stevenson Of
any claim he might have had prior to
the tax sale.
The counsel ~objecting to the tax IT,
tie also relied upon the fact that the
sale commencing in front of the court
house was adjourned to the clerks Of
fee. The law requires the sale to be
at the court house, but the word sat"
in many legal decisions. as well as in
common usage, may mean 'sin' as well
as "at," and it was in proof in this
case that the sale was begun in
front of the court house door, and ad-
journed to the clerks office because of
the high wind prevailing; and nothing
was shown that it was adjourned to the
clerks office for any improper purpose;
but it was further in evidence as well
as a matter of common notoriety that
the clerks Office of the county clerk of
Laramie county, which is in the court
house building, is a very public place,
and always open for ingress and egress
during the business hours of the day;
and this sale took place during such
hours.
For these reasons the court held to
the validity of the tax sale, but allowed
Timothy Dyer to file his demand for i'm
provements as an occupying claimant,
not only for the improvements made by
him, but under the statute, for those
made by those under, by n through
whom he claimed. Unless the parties
could have agreed upon a sum in SETTLE
ment, this would have necessitated the
Intervention of a jury as required by
the statute, but after the adjournment
of the court the counsel agreed upon a
settlement in conformity with the views
of the court as above expressed.
The foregoing embraces all the objec-
tions made by counsel as to a failure
of compliance with the requirements of
tax listing and selling. In other re-
spects it was not commended that any
mandatory requirements of the law
we're not complied with.
As to the other lot the defendants in
this case made no defense, and claimed
no right, title or interest in it. When
Stephenson bought from the, Pacific
railroad. the lots were conveyed to him
as one parcel; a n parcel they were
listed by the assessor; as one parcel an
extension of valuation was made, as re-
quired by law, by the clerk, as n par
eel they were sold by the county treas
urer, and as n parcel they were con
veyed in reality in the treasurer's deed,
though designated as lots 8 ard 6 in
block 351 in the city of Cheyenne.
The Cause of Science
hoe raoa;vo1 m ;nor,rkonk aJ1fttop T.,