Legal Opinion

Entreken v. Howard

Supreme Court of Kansas

Decided July 15, 1876PublishedCited by 10 opinions

Error from Miami District Court. In July 1868, one Joel Abbott commenced an action against Horace B. Smith, to quiet his title to the S.E.J of section 9, township 17, range 24 east, 160 acres of land in Miami county. The action was brought under § 569 of the code of 1859, (same as § 594, code of 1868.) Smith resided in Indiana. An affidavit for publication was made by S. S. C., before the clerk of the district court.

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Error from Miami District Court. In July 1868, one Joel Abbott commenced an action against Horace B. Smith, to quiet his title to the S.E.J of section 9, township 17, range 24 east, 160 acres of land in Miami county. The action was brought under § 569 of the code of 1859, (same as § 594, code of 1868.) Smith resided in Indiana. An affidavit for publication was made by S. S. C., before the clerk of the district court. Publication was made, and proof of such publication was duly made and filed. On the 9th of December 1868, said cause of “Abbott against Smith,” was tried — the journal entry…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action of ejectment. Defendant rested his title upon a tax-deed, and a decree quieting title. Both were held void. The ruling upon the tax-deed was unquestionably correct. It upon its face disclosed a sale made in 1862 for the taxes of 1861, to the county, and an assignment of the sale-certificate on the 19th of December 1865 by the county clerk, and was based upon that sale; and the assignment, and the deed based thereon, were both void. Sapp v. Morrill, 8 Kas. 677.

Two objections are made to the decree — one that the petition…

2Cases cited3 opinions

  1. Foreman v. CarterSupreme Court of Kansas · 1872
  2. Tunis v. WithrowSupreme Court of Iowa · 1860
  3. Sapp v. MorrillSupreme Court of Kansas · 1871

3Cited by10 opinions

  1. Ziska v. AveySupreme Court of Oklahoma · 1912
  2. Rowe v. PalmerSupreme Court of Kansas · 1883
  3. Board of Commissioners v. WelchSupreme Court of Kansas · 1889
  4. Cartwright v. McFaddenSupreme Court of Kansas · 1881
  5. Howard v. EntrekenSupreme Court of Kansas · 1880

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