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OBERST v. MAYS

No. 19229.

365 P.2d 902 (1961)

Henry C. OBERST, Plaintiff in Error, v. Floy MAYS, as Treasurer of the County of Kiowa, State of Colorado, P. L. Reed, Samuel R. Rehm and R. O. Scott, as County Commissioners of Kiowa County, Colorado, and Paul W. Swisher, State Commissioner of Agriculture of the State of Colorado. Defendants in Error.

Supreme Court of Colorado. En Banc.

October 30, 1961.

Attorney(s) appearing for the Case

Gordon & Gordon, John C. Hover, Jr., Lamar, for plaintiff in error.

Carl M. Shinn, Lamar, for defendant in error Floy Mays.

John J. Lefferdink, Eads, for defendants in error P. L. Reed and others.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Clifton A. Flowers, Asst. Atty. Gen., for Paul W. Swisher, State Comr. of Agriculture

MOORE, Justice.

We will refer to the parties as they appeared in the trial court, plaintiff in error, Henry C. Oberst, as plaintiff, and defendants in error as defendants or by name.

The action was brought by plaintiff to enjoin defendants "from attempting to enforce" a tax sale certificate as a general lien upon certain farm lands owned by him. In his prayer he sought an adjudication that the tax sale certificate mentioned in the

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