Davis v. Minnesota Baptist Convention
In Davis v. Minnesota Baptist Convention, 45 Wyo. 148, 16 P.2d 48, 50 (Wyo. 1932), the plaintiffs in a quiet title action relied on a tax deed to prove their title to the property.
The Court first considered whether notice of the tax sale was provided in accordance with the applicable statute. Id.
The Court concluded that notice of the tax sale had been published according to the statute (although the notice did not include the "years for whose delinquent taxes the sale was being held"), but the notice had not been posted on the courthouse door as required by the statute. Id.
The Court also considered whether the assignee of the certificate of purchase had properly notified the occupants of the property of the assignee's intent to apply for a tax deed. Id.
The applicable statute required that "such notice be served 'on every person in actual possession or occupancy of such land or lot and also the person in whose name the same was taxed or specially assessed if, upon diligent inquiry, he can be found in the county, at least three months before the expiration of the time of redemption of such sale.'" Id.
The requisite notice was served on one of the property's occupants, but not on his wife, who also occupied the property and was entitled to receive such notice. Id. at 52-53.
The Court therefore upheld the district court's "conclusion that the plaintiffs did not prove a valid tax title and failed to make out a case sufficient to entitle them to have judgment." Id. at 53.