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Kinkela
Kinkela
02.08.2021 • 
Social Studies

A brother and sister owned a large farm in fee simple as tenants in common, each owning an undivided one-half interest. For five years, the brother occupied and farmed the land. He never accounted to the sister for any income, but he did pay all real estate taxes when due and kept the buildings on the farm insured. The brother died intestate survived by his son, his sole heir. Thereafter, the son occupied the farm but failed to pay real estate taxes for two years. The appropriate governmental authority held a tax sale to recover the taxes due. At such sale, the sister was the only bidder and obtained a conveyance upon payment of an amount sufficient to discharge the amount due for taxes, plus interest and penalties, and the cost of holding the tax sale. The amount paid was one-third of the reasonable market value of the farm. Thereafter, the sister instituted an appropriate action against the son to quiet title in and to recover possession of the farm. The son asserted all defenses available. Except for the statutes related to real estate taxes and tax sales, there is no applicable statute. Should the court quiet title in the sister so that she is the sole owner in fee simple of the farm?

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