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GUTHRIE v. CURNUTT

No. 37-69.

417 F.2d 764 (1969)

Letha Cantrell GUTHRIE, Plaintiff-Appellee, v. Finis CURNUTT, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

November 10, 1969.

Attorney(s) appearing for the Case

Kendall O. Schlenker, Farmington, N. Mex. (James M. Parker, Albuquerque, N. Mex., on the brief), for defendant-appellant.

Kaiser Michael, Jr., of McAtee, Marchiondo & Michael, Albuquerque, N. Mex., for plaintiff-appellee.

Before LEWIS, BREITENSTEIN and HOLLOWAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Defendant-appellant Curnutt and plaintiff-appellee Guthrie each owned an undivided one-half interest in New Mexico property. The Internal Revenue Service seized the interest of the plaintiff for failure to pay delinquent federal cabaret taxes. At the subsequent sale, defendant purchased the interest and a certificate of sale was issued to him on August 22, 1966.

The issue is whether the plaintiff satisfied the requirements of the...

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