Massey v. Prothero

664 P.2d 1176 (1983)

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Nature of the Case

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Facts

P and D are sister and brother and are cotenants of real property inherited from their parents. The cotenants agreed that anyone who occupied the home would not pay rent but would pay property taxes and maintain the home. The previous occupant, David, failed to pay some of the property taxes that accrued. After David's death, D occupied and used the farm properties and paid taxes on them. He left the home unoccupied and unrepaired, although he may have used it for storage. The property was put up for sale by the county to satisfy David's unpaid taxes. D discovered this before the sale and tried to pay the taxes, but was persuaded by the tax assessor to simply wait and buy the property at the sale. D informed no one and bought the property at the tax sale for $55.01. The grantees listed on the tax deeds were D and his wife Alene as joint tenants. The deeds were duly recorded. D kept the entire transaction a secret. Several years later P was visiting, and D told her that he claimed title to the property. D warned her to leave and never come back, or he would 'have the Sheriff on her.' P sued Lewis (D) and Alene, seeking to quiet title in the names of the surviving cotenants. The district court ruled that D purchased at the tax sale for the benefit of all the surviving cotenants and thus he took no greater title than before and Alene did not have good title against the surviving cotenants. D did own a part as a cotenant and Alene owned half of that part and P’s quiet title action was valid. D appealed.