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eBook details

• Title: Davis v. Steingruber
• Author : Supreme Court of Montana
• Release Date : January 21, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

QUIET TITLE ? EQUITY ? LACHES ? ESTOPPEL ? COURTS ? STARE DECISIS TAX DEEDS. 1. Equity ? "Laches". "Laches" means negligence in assertion of a right, and exists where there has been a delay of such duration as to render enforcement of asserted right inequitable. 2. Estoppel ? Evidence sustained finding that "Laches" and Estoppel were not established. In quiet title proceeding brought in 1951 by plaintiff, who had purchased land from record owner in 1942, against defendant, whose grantor had acquired land by quitclaim deed from county, which had taken land by tax deed in 1940, evidence sustained finding that defense of laches and estoppel had not been established. 3. Courts ? Stare Decisis. Where courts holding that statute, which would have limited any action to set aside tax deeds to a two year period after recording and taking of possession except where tax deed was void because no taxes were delinquent or there had been a redemption, was unconstitutional, had been examined and approved in three subsequent cases, holdings were stare decisis. 4. Tax Deeds ? Affidavit must recite facts as to occupancy. The affidavit of service of notice of application for tax deed must recite whether premises involved were occupied or unoccupied and if occupied by whom, and failure to so recite is a fatal defect.

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