77-1838 Real property taxes; issuance of treasurer's tax deed; execution, acknowledgment, and recording; effect.
77-1838. Real property taxes; issuance of treasurer's tax deed; execution, acknowledgment, and recording; effect.The deed made by the county treasurer shall be under his official seal of office and acknowledged by him before some officer authorized to take the acknowledgment of deeds. When so executed and acknowledged it shall be recorded in the same manner as other conveyances of real estate. When recorded it shall vest in the grantee, his heirs and assigns, the title of the property therein described. SourceLaws 1903, c. 73, § 218, p. 469; R.S.1913, § 6546; C.S.1922, § 6074; C.S.1929, § 77-2026; R.S.1943, § 77-1838.Annotations1. Formal requirements2. Miscellaneous1. Formal requirementsAffixing of county treasurer's official seal necessary to validity of tax deed. County of Lincoln v. Evans, 185 Neb. 19, 173 N.W.2d 365 (1969).When the statute under which land is sold for taxes directs an act to be done, such as recording a tax deed, such statute must be strictly, if not literally, complied with. Saffer v. Saffer, 133 Neb. 528, 274 N.W. 479 (1937).Tax deed issued on private sale was void for failure to recite that land was not sold at public sale for want of bidders. Sherlock v. Gillis, 108 Neb. 72, 187 N.W. 812 (1922).Deed need not be witnessed. Sanford v. Scott, 105 Neb. 479, 181 N.W. 148 (1920).If deed is invalid by reason of formal defects, purchaser has lien for amount of taxes paid with interest. Merriam v. Rauen, 23 Neb. 217, 36 N.W. 489 (1888).A tax deed to be valid must have official seal of treasurer attached. Bendexen v. Fenton, 21 Neb. 184, 31 N.W. 685 (1887); Baldwin v. Merriam, 16 Neb. 199, 20 N.W. 250 (1884).A deed which does not recite that sale was had at place designated by statute is invalid. Shelley v. Towle, 16 Neb. 194, 20 N.W. 251 (1884); Haller v. Blaco, 10 Neb. 36, 4 N.W. 362 (1880).A scroll to represent a seal is not sufficient. Sullivan v. Merriam, 16 Neb. 157, 20 N.W. 118 (1884).2. MiscellaneousWhere deed conforms to statute then in force, it is valid on its face within meaning of special statute of limitations. Opp v. Smith, 102 Neb. 152, 166 N.W. 265 (1918).Two distinct tracts may be included in deed. Towle v. Holt, 14 Neb. 221, 15 N.W. 203 (1883).