Hills v. Allison
Supreme Court of Kansas
Error from Cowley district court; Carroll L. Swarts, judge. STATEMENT. Petition in usual form of ejectment. Answer, general denial; pleads title and possession in defendant. Reply admits possession of defendant; general denial. Judgment for plaintiff for title and possession; tax deeds under which defendant claimed decreed to be void. Demand by defendant for value of his improvements and for lien for taxes.
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Error from Cowley district court; Carroll L. Swarts, judge. STATEMENT. Petition in usual form of ejectment. Answer, general denial; pleads title and possession in defendant. Reply admits possession of defendant; general denial. Judgment for plaintiff for title and possession; tax deeds under which defendant claimed decreed to be void. Demand by defendant for value of his improvements and for lien for taxes. Report of arbitrators: Value of. improvements, $811.75; value of land without improvements, $225; value of land with improvements, $1036.75; rental value of land without improvements, 50…
1Opinion of the Court
*619The opinion of the court was delivered by
Burch, J.:
The defendant insists that he should have been given a lien on the land for $171.26, the full amount of the taxes, paramount to all others, and that he should not be exposed to eviction under a sale until that sum is paid to him.
It is provided by statute that the successful claimant in ejectment shall not be let into possession until the defeated tax-title holder has been paid the full amount he has expended for taxes on the land, with interest, costs and charges. (Gen. Stat. 1901, § 7681.) One of the purposes of this statute is to encourage…
2Cases cited6 opinions
- Phillips v. W. A. Crips & BrotherSupreme Court of Iowa · 1899
- Thuet v. StrongNorth Dakota Supreme Court · 1898
- Hurley v. HurleySupreme Court of Iowa · 1902
- Hentig v. ReddenCourt of Appeals of Kansas · 1895
- Deitzler v. WilhiteSupreme Court of Kansas · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hughes v. VosslerSupreme Court of Kansas · 1922
- Johnson v. State Highway CommissionSupreme Court of Kansas · 1961