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Schmitt v. Sapp

Supreme Court of Arizona

October 30, 1950

SCHMITT et al.
v.
SAPP et al

Judgment affirmed.

Robert R. Weaver, Phoenix, for appellants.

Laney & Laney, Phoenix, for respondents.

De Concini, Justice. La Prade, C. J., and Udall, Stanford and Phelps, JJ., concur.

OPINION

De Concini, Justice.

Page 404

[71 Ariz. 49] This action was brought by Sapp et al., appellees, hereinafter known as plaintiffs, against Joe L. Schmitt et ux., et al., appellants, hereinafter referred to as defendants. The action was one to set aside a treasurer's tax deed issued to Joe L. Schmitt by the Treasurer of Maricopa County on March 3, 1945. The property had been sold under a certificate of purchase for delinquent taxes to the State of Arizona on February 1st, 1940. On August 15, 1944 one of the certificates was assigned to plaintiff Joe L. Schmitt. Two similar certificates were redeemed by him and all the taxes on the property were paid up to date. There had been no taxes paid on this property for the preceding twenty years except a one-half year installment under the ten year payment funding plan.

Plaintiffs rely on their claim to title to the property by virtue of a quitclaim deed from their grandmother dated May 11, 1933. At the time plaintiffs took title several of them were minors and at the time of the trial two of them were minors. The transcript of testimony reveals that the plaintiffs did not pay any taxes because they did not know anything about such things and relied upon their parents to do so.

The lower court found in favor of the plaintiffs and the defendants appeal here citing three errors of the court which may be summarized as follows: (1) that the court erred in rendering judgment for the [71 Ariz. 50] plaintiff below; (2) that the court erred in not granting defendants' motion for judgment; and (3) that the court erred in failing to grant defendants judgment on their cross-complaint praying that title be quieted in them. Assignments 1 and 2 were fully set forth by defendants and are worthy of attention while assignment 3 is inadequate and need not be considered under the rules and decisions of this court.

The trial court made no findings of fact and conclusions of law so we are at a loss to know on what grounds it held defendants' treasurer's deed void. The plaintiffs and defendants have each set out ten propositions

Page 405

of law and argument thereon attempting to sustain their respective positions. We need consider only the validity of the publication of notice by the county treasurer that application had been made to him for a ...


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