Year: 1860

law.


Sd. That the property was advertised for
sale in the manner and for the length Of time
required'by law.


4th. That the property was sold for taxes as
stated in the deed.


9th. That the grantee named in the deed
was the purchaser.


9th. That the sale was conducted in the man.
ner required by law.


7th. That all the prerequisites Of the lev
we're complied with by all the officers who had
had or whose duty it was to have had, amy part or
action in any transaction relating to or affect
ing the title conveyed, or purporting to be
conveyed by the deed, from the listing and val
uation Of the property up to the execution of
the deed, both inclusive, and that all things
whatsoever, required by law to make good
and valid sale, and to vest the title in the pur-
chaser were done, except in regard to three
points named in this section wherein the deed
shall be prinaa .tacie evidence only.


And in all controversies and suits involving
the title to real property claimed and held





stantially as aforesaid by the treasurer, the
person claiming title adverse to the title con-
veycd By such deed, shall be required to prove
in order to defeat the said title, either that the
said real property was not subject to taxation.
for the year or years named in the deed--that
the taxes had been paid before the sale, or
that the property had been redeemed from the
sale according to the provisions Of this act,
and that such redemption was had or made for
the use and benefit of persons having the right
Of redemption under the laws Of this State
but no person shall be permitted to question
the title acquired by treasuror's deed with
out first showing that he or she, or the person
under whom he or she claims title, had title
the title was obtained from the United States
or thir State, after the sale, and that all taxes
due upon the property have been paid by such
person. or the person under whom he or she
claims title as aforesaid. Prortded that in any
case where person had paid his taxes and
through mistake in the entry made in the
Ireasurer's books or in the receipt the land
upon which the taxes were paid was after
wards sold the Treasurer's deed shall not con-
sey the title. Proridsd further, that in all ca
ses where the owner of lands sold for taxes
shall resist the validity Of such tax title such
owner may show and prove fraud committed
by the officer selling the same or in the pur-
chaser to defeat the same and if fraud is SO
established such sale and title shall be void.


IS. When by mistake or wrongful act &C
the Treasurer, land has been sold on which
no tax was due at the time, or whenever land
is sold in consequence Of error in describing
such land in the tax receipt, the county is to
hold the purchaser harmless by paying him
the amount Of principal and interest and costs
to which he would have been entitled had the
land been rightfu)iy sold, and the treasurer
and his sureties will be liable to the county
for the amount Of his official bond, or the
purchaser, or his assignee may recover direct
ly of the treasurer in an action brought to re-
cover the same in any court having iurisdic.
tion Of the amount, and judgment shall be
against him and his bondsmen. Provided al
ways that the Treasurer or his sureties shall
be liable only for his own orhs deputies acts


4 76. In all suits and controversies involy-
ing the question Of title TO real property held
under and by virtue of Trcasurer's deed,
all acts Of Assessors, Treasurers Clerks, of
Boards Of Supervisors and other officers de facto
shall be deemed and construed to be Of the
same validity as acts of officers de .jure.
III. No sale Of real property for taxes shall
be considered invalid on account Of the same
having been charged in any other name than
that Of the rightful owner, if the said proper
t. be in other respects sufficiently described.
/ as. The books and records belonging to
| the Offices Of the Clerk Of the Board of Su-
peryisors and the County Treasurer, or copies
thereof, properly certified, shall be deemed
sufficient evidence to prove the sale of any re
al property for taxes, the redemption thereof
or the payment of taxes thereon.
30. Whenever it shall be made to appear
to the satisfaction of the county Treasurer,
either before the execution of deed for real
property sold for taxes, or if the deed bc re-
| turned by the purchaser, that any tract or 10.
was sold which was not subject to taxation, or
| upon which the taxes had been paid previous
to the sale, he shall make an entry opposite
such tract or lot en- the record of sales that
the same was enormously sold, and such entry
shall he evidence of the fact therein stated
And in such cases the purchase money shall
be refunded to the purchaser $ provided BY
his act.


s so. No action for the recovery Of
real property sold for tho non payment
Of taxes shall lio, unless the same be