Proof of the publication of any such legal notice or advertisement may be made by the affidavit of the printer, editor, publisher, or proprietor of the newspaper in which the publication is made or by any other competent person who has personal knowledge of the essential facts, which affidavit, in addition to the other matters required by law to be set forth therein, shall state that such notice or advertisement was published in a newspaper duly qualified for that purpose.
Source: L. 21: p. 572, § 6. C.L. § 5397. L. 23: p. 406, § 6. CSA: C. 130, § 5. CRS 53: § 109-1-5. C.R.S. 1963: § 109-1-5.
ANNOTATION
Affidavit of publication of notice of tax sale to conform to statutory requirements. The affidavit of the publication of the notice of a tax sale, required of the publisher by § 39-11-104, must contain not only what is specified in that section, but also the statement required by this section. A tax deed issued pursuant to a sale, the notice of the publication of which is not shown in the manner required by statute, is void. Gilbreath v. Doe, 24 Colo. App. 205, 132 P. 1146 (1913).
Deeds issued on treasurer's own volition are void. Where the publisher's affidavit showing publication of a delinquent tax list and notice of sale does not meet the requirements of this section, deeds to the county issued thereon by the treasurer on his own volition without request from the county commissioners are void. Concord Corp. v. Huff, 144 Colo. 72, 355 P.2d 73 (1960).
Insufficient proof of publication may be corrected. Where an affidavit does not show that the affiant is either a printer, editor, publisher, or proprietor of a newspaper, or that he is competent to state the essential facts, as required by this section, nor does it state that the notice or advertisement was published in a qualified newspaper, the insufficiency of this proof of publication may be corrected by the filing of an amended affidavit, because, like other matters of record, it may always be corrected to speak the truth. Wilson v. Carroll, 80 Colo. 234, 250 P. 555 (1926).