ance. Desty on Taxation, 857; Upton v. Kennedy, 36 Mish. 215. An agreement or understanding between bidders at a tax sale, either express or tacit, that they shall take turns in bidding and not compete against each other, is a fraud upon the law and renders the sale void. Blackwell on Tax Titles, 111.; State v. Maxwell, 6 Wall. 276; French v. Edwards, 13 Wall. 506; Kerr v. Allen, 31 Iowa 578. In this case tender or payment is not required. Barker vy. Evans, 27 Minn. 92; Dawson v. Life Insurance Co., 27 Minn. 411; Baker v. Kelly, 11 Minn. 370; Harper v. Row, 53 Cal. 238; Homestead Co. v. Railroad Co., 17 Wall. 153; Conway v. Cable, 37 IIL 82; Philleo v. Hiles, 42 Wis. 531; 2d Desty on Taxation, 105.
George K. Andrus and Edgar W. Camp, for respondent:
A description which is insufficent to make the tax title good, may be sufficient to give the purchaser at the tax sale a lien for the sum paid. Cooper v. Jackson, 99 Ind. 566; State v. Casteel, 11 N. E. Rep. 219; Reed v. Earhart, 88 Ind. 159; Milliken v. City of Lafayette, 20 N. E. Rep. 847; Ford v. Kolb, 84 Ind. 198; Sloan v. Sewell, 81 Ind. 180. The action was in effect one in equity. Steele v. Fish, 2 Minn. 153; State v. Batchelder, 5 Minn. 223; Brand v. Wheaton, 52 Cal. 430; Leet v. Rider, 48 Cal. 623; Auld v. McAllister, 23 Pac. Rep. 165; Wygart v. Dahl, 26 Neb. 735. See also Clark v. Smith, 13 Pet. 195; Holland v. Challen, 110 U. 8. 15; Lamb v. Farrell, 21 Fed. Rep. 5; Basey v. Gallager, 20 Wall. 770.
The opinion of the court was delivered by
Wallin, J. This is an action to quiet title, brought under § 5449, Comp. Laws. The complaint alleges in effect that the plaintiff is the owner in fee-simple of certain lands described in complaint, situated in the County of Barnes; that defendant claims an interest in the land adverse to plaintiff, and asks that such adverse claim of the defendant be determined and adjudged to be void. The defendant's answer denies plaintiff’s ownership and alleges ownership in himself, and as an affirmative defense states in substance that on the 3d day of October, 1887, the lands were sold to the defendant for the taxes as-
