MAHONEY v. WEITELMANN

MAHONEY v. WEITELMANN
1935 OK 984
50 P.2d 1094
174 Okla. 591
Case Number: 25060
Decided: 10/15/1935
Supreme Court of Oklahoma

MAHONEY et al.
v.
WEITELMANN.

Syllabus

¶0 TAXATION--Validity of Resale Tax Deed-Necessary Recital as to Amount Property Sold for.
Resale tax deed must conform to form prepared by State Examiner and Inspector and recite that property was sold for amount equal to or greater than amount of taxes, penalties, interest, and costs due, or, in lieu thereof, state that property conveyed thereby consisted of vacant lot located in city or town. Mahoney v. Estep, 171 Okla. 101, 38 P. (2d) 537.

Appeal from District Court, OkLahoma County; Sam Hooker, Judge.

Action between Fred Weitelmann and Annie G. Mahoney et al. From judgment for the former, the latter appeal. Affirmed.

Robert J. Keevan and Owen F. Renegar, for plaintiffs in error.
L. G. Hayden and Twyford & Smith, for defendant in error.

RILEY, J.

¶1 This is an appeal from a judgment and decree canceling a resale tax deed and quieting title to the lot involved in defendant in error.

¶2 The resale tax deed contains the same defect as the one involved in Mahoney v. Estep, 171 Okla. 101. 38 P.2d 537, and therein held to be void upon its face.

¶3 The judgment and decree below held the resale deed void and voidable. Under the rule announced in Mahoney v. Estep, supra, it was void upon its face. Under said rule the judgment and decree must be and is hereby, affirmed.