The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1901-05-15

collected as part thereof.
Section 108. After the expiration OF
two years from the date Of such GER
tihcate. II no redemption Of the prop
erty described therein shall have been
made, the marshal shall execute to
the purchaser. upon the payment to
him of the sum Of two dollars from
the benefit Of the city, deed OF con-
veyance containing description OF
the property sold, a statement Of the
amount bid. Of the Improvement for
which the assessment was made, of the
year in which the tax was levied. that
| the assessment or tax was unpaid at
the date of the sale, and that no re-
demption has been made, and the ef-
feet Of such deed shall be to convey to
the guarantee therein. the legal and
equitable title in fee simple to the real
property in such deed described, and
such deed shall be prima facie evil
dence OF title in such grantee. and that
all proceedings and acts necessary to
make such deed in all respects good
and valid have been had and done, and
such prima facie evidence shall not he
disputed. overcome or rebutted, or the
effect thereof avoided except by satis-
factory proof Of either:
I. Fraud In making the assessment
or in the assessment or collection OF
tho tax.
2. Payment Of the assessment or tax
before sale. or redemption after sale.
3. That payment or redemption was
prevented by fraud Of the purchaser;
or,
4. That the property was sold for
an assessment or tax for which neither
said property or the owner thereof at
the time Of such assessment or levy
was liable, and that no part Of the
assessment or tax was assessed or lev
led upon the property sold.
Section 109. Every action suit or
proceeding which may be commenced
for the recovery Of land which has been
sold by the marshal OF the city OF
Sumpter for any assessment or tax,
except in cases where the assessment
or tax. for which the land was sold,
had been paid before the sale. or the
land redeemed as proved by law, shall
he commenced within three years from
the time Of the recording Of the deed
executed by the marshal, and not
thereafter; and in every such action,
suit or proceeding. the party claiming
to be the owner as against the party
claiming under or through the sale
made by the marshal, must tender in
his first pleading In such case and pay
into the court at the time Of filing such
pleading. the amount Of the purchase
price for which the land was sold by
the marshal. and In addition thereto
penalty Of twenty per centum of the
amount of the assessment and costs.
and an amount equal to all taxes and
assessments levied or made upon or
against the land or any part thereof
which shall have been paid after such
sale by the purchaser at such sale or
his heirs or assigns. together with in
terest thereon at the rate Of ten per
centum per annum from the respective
times Of the payment OF such purchase
price. taxes and assessments by such
purchase or his heirs or assigns. as
the case may be. up to the time OF the
Ming Of such pleading. to be paid to
said purchaser. his heirs or assigns. in
case the right or title Of such pur-
chaser at such sale shall fail in such
action. suit or proceeding.
Section 11v. A sale OF real property
under the provisions Of this chapter
convevs to the purchaser. subject TO
redemDtion. as herein provided. all the
estate or interest therein Of the owner
whether known or unknown. together |
with al the rights and appurtenances
there"nto belonging.
Section vi. When an assessment
uron anv lot or part thereof becomes
de'irouert, env person having lien |
thereon by Judgment. decree or mort"-
age. may IL any time before the sale