Lyman v. National Mortgage Bond Corp
In Lyman v. National Mortgage Bond Corp, 7 Utah 2d 123, 124, 320 P.2d 322, 322 (1958), plaintiffs sought to quiet title to land that they claimed to own by receipt of a tax deed and by adverse possession. By statute, the holder of a tax title to real estate was required to demonstrate payment of taxes assessed upon the property for four years prior to the tax delinquency. Id. at 124, 20 P.2d 323.
The defendants conceded that the plaintiffs had produced sufficient evidence of ownership by adverse possession, but argued that the tax deed was insufficient because the plaintiffs failed to prove taxes had been paid for the four years before the prior landowner was delinquent, even though the evidence was clear that all the necessary taxes had been paid since 1941. Id.
The court considered the constitutionality of this legislation that, according to the court, forbade the commencement of an action or defense claiming ownership unless the plaintiffs "seized, possessed or occupied" the property for four years prior to filing suit.