May W. Bentley, Raymond L. Rusnak and Joseph Homan v. Rosebud County, Montana

Appellants brought an action in the District Court to quiet title to an interest in certain real estate situate in Rosebud County, Montana. The question posed for solution is whether there was a sufficient compliance with applicable Montana law in affidavits made by officials of Rosebud County to authorize the county treasurer of that County to convey title to the property in question by tax deed.

Mrs. Bentley, one of the appellants, was the owner of the property attempted to be conveyed. She defaulted in the payment of taxes. The officials of Rosebud County conducted a tax sale. The County became the purchaser and the county treasurer of said county issued a tax deed purporting to convey title to said property to said County. The validity of the tax deed is in dispute.

On May 17, 1947 Rosebud County quit-claimed the property to Roy M. King and E. L. Grebe of Sumatra, Montana, reserving to the County, by reservation in the deed, a royalty interest of six and one quarter per cent of all oil, gas and minerals recovered and saved from the said land. Thereafter, on August 31, 1948, the said Roy M. King obtained a decree of the Montana District Court for Rosebud County quieting title…