Section 40-10-78

Tender of party claiming adversely to tax title.

In any action under the provisions of either Section 40-10-76 or 40-10-77, the party claiming adversely to the tax title may, at any time, tender the amounts required in such sections to be ascertained by the court, with interest as therein prescribed; and no costs accruing after such tender shall be recovered of him, if, upon a refusal of the tender, he shall pay such amounts into court.

(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §291.)