ZIPPERLE v. SMITH

No. 37208.

304 P.2d 310 (1956)

Carrie Fast ZIPPERLE and S.J. Sarkeys, Plaintiffs in Error, v. Minnie Willis SMITH, Guardian of Katie Willis Kelly, an incompetent, Defendant in Error.

Supreme Court of Oklahoma.

November 20, 1956.


Attorney(s) appearing for the Case

Homer Cowan, Norman, for plaintiffs in error.

F.M. Bookstore, Oklahoma City, for defendant in error.


HALLEY, Justice.

This is an action by Minnie Willis Smith, as guardian of Katie Willis Kelly, an incompetent, to vacate a default judgment rendered on service by publication by the District Court of Cleveland County, Oklahoma, on July 21, 1948, foreclosing a tax lien on land in that County which had been sold for 1946 taxes to the County. A tax certificate was issued and later assigned to Ted Smith, who paid the 1946 taxes...

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