The lands in controversy were purchased at a sale for taxes in 1868, by one Dickerson, who transferred the certificate of sale to Eldridge, and a treasurer’s deed was made to him. He conveyed by quit claim deed to defendant Patterson. Phelps acted as tbe agent of Dickerson at the tax sale. All of these persons are made defendants. It is shown by tbe evidence that tliere was a fraudulent combination of bidders at tbe sale, which will defeat tbe title unless the bolder be protected as an innocent purchaser.
I. We will first inquire whether Eldridge, who had no
II. But it is claimed that Patterson himself had no actual notice of the fraud, and he will therefore hold the land as an 2.-; — : innocent purchaser. innocent purchaser. The title which he holds . was conveyed to mm by Eldridge, by a quit claim deed. One holding title under such a deed is not to be regarded as a bona fide purchaser,-without notice of equities held by others. May v. LeClare, 11 Wal., 217; Oliver v. Pratt, 3 How., 333; Bragg v. Paulk, 42 Me., 502; Smith’s Heirs v. Bank of Mobile, 21 Ala., 125; Boon et al. v. Chiles et al., 10 Pet., 177; Vattier v. Hinde et al., 7 Pet., 252.
III. The plaintiff, Watson, inherited an interest in the land; he and his co-heirs contracted to sell it to the other 4. t£ucAtfeecFwith .bond. Rogers, who is in possession though, he has not paid fully the consideration, and has received no deed. These parties have such an interest in the property as will authorize them to unite in this action to cancel, and set aside the tax title held by Patterson.
IY. Besides the relief granted to plaintiff by the decree of
AFFIRMED.