McGHEE, Justice.
This appeal presents a new application of the overworked doctrine of "constructive fraud" on the part of a county treasurer which defeated the attempt of the plaintiff to quiet title to property covered by a tax deed. Such doctrine was first applied by this court in Scudder v. Hart, 45 N.M. 76, 110 P.2d 536, and it has since developed into the favorite defense of those who have permitted their property to be sold for taxes.
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