Page:Federal Reporter, 1st Series, Volume 3.djvu/714

 HBBVET V. I. M. ETi CO. 707 �and the recital in the deed, that the state auditor direoted the sale, is uot sufficient. �The opinion of the supreme court, (24 Minn. 376,) as I understand it, determines that the statute makes the tax deed prima facie evidence of title upon a sale by the state which is shown hy proof (not recitals in the deed itself) to have been directed by the state auditor ; and that the deed, ■which is evidence of a good and valid title, is declared to be evidence only of such -title after the right to give the deed bas been proved. The state claimed the land as forfeited, and it was so entered. The county auditor, until the state auditor directed the land to be sold, had no power to sell to Jaggers; and until the defendant proved the power to sell emanated from the state auditor, the deed executed to Jaggers could not be received as prima facie evidence of title. 24 Minn. 372. If I am right in this conclusion, the plaintifl is entitled to recover. ���Hebvky V. Iliiikois MinLAiiD Batlway Go. and others. �^Circuit Cov/rt, 3. D. BUnois. July 31, 1880.) �1. Bbmovaij— Bond. — An irregularity or defect in the fonn of fi removal �bond will be deemed waived after the expiration of 18 months, where the cause was removed with the consent of ail parties. �2. Bame — CiTizBNSHip. — An objection to the removal, founded upon the �citizenshlp of one of the parties to the suit, will not be favored after the expiration of 18 months. �3. Samb — Limitation — Bvidbncb. — It should afflrmatively appear, under �the circumstances of this case, that the cause might have been tried at a term before that at which the application for removal was made. �Motion to Eemand. �Bishop d: McKinley, for complainant. �Crew a Evnng, for bondholders and receîver. �Drùmmond, g. J. The original bill was filed in the Edgar county circuit court on the eleventh day of September, 1875. The parties were a stockholder and Judgment creditors of the ����