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eBook details

• Title: Dowse v. Kammerman Et Al.
• Author : Supreme Court Of Utah
• Release Date : January 17, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

WOLFE, Chief Justice. This is an action to quiet title to Lot 7, Block 1, Holland Subdivision. The defense is based on equitable
estoppel. The defendants appeal from the judgment which quieted title in the plaintiff upon payment by him of $105.57 for
the taxes and a sewer assessment which the defendants or their predecessors in interest paid while in possession. One Charles E. Pittorf acquired the fee title to the property in 1907. General taxes were paid each year until 1930. The
taxes were not paid for 1930, and in due course the Treasurer of Salt Lake County executed a tax sale certificate thereon
to Salt Lake County. Thereafter, general taxes were added for the years 1931 to 1935 inclusive, amounting to $49.99 in all,
and under date of March 31, 1936, an Auditor's tax deed issued to Salt Lake County. In April, 1945, plaintiff purchased the
tax title from Salt Lake County under authority of Section 80-10-68, U.C.A.1943. Two months later, plaintiff and his wife
conveyed by quitclaim deed to Doris Trust Company for '$10.00 and other valuable consideration.' The Doris Trust Company took
possession of the property and paid the general taxes thereon for the years 1946 through 1949, plus a special sewer assessment
levied in 1947. In February, 1950, Doris Trust Company conveyed the premises to defendants by warranty deed. While the consideration
paid by defendants for said property to Doris Trust Company is not mentioned in the agreed statement of facts, revenue stamps
attached indicate a consideration of $500 to $1,000. Six months after defendants purchased the property, plaintiff filed his
complaint in this action. The flaw in the chain of title is that the Auditor's affidavit was missing from the tax assessment,
and the tax sale upon which the tax deed was predicated was void as decided by this court in Telonis v. Staley, 104 Utah 537,
144 P.2d 513, and Equitable Life and Casualty v. Schoewe, 105 Utah 569, 144 P.2d 526.

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