Equitable Investment Trust Co. v. Essex
Supreme Court of Kansas
Error from Wyandotte court of comihon pleas; William G. Holt, judge. STATEMENT. J. A. Essex, who was in possession of certain lots in Kansas City, Kan., brought his suit against the plaintiff in error and others to quiet his title thereto.
Read the full summary
Error from Wyandotte court of comihon pleas; William G. Holt, judge. STATEMENT. J. A. Essex, who was in possession of certain lots in Kansas City, Kan., brought his suit against the plaintiff in error and others to quiet his title thereto. The plaintiff in error filed its answer and cross-petition, in which it claimed to be the owner in fee of the lots, alleging fully its title and also what it claimed to be the plaintiff’s title, stating that he had derived title from B. and Mary T. Gray, husband and wife, but that previous to such conveyance the Grays had conveyed the lots to James S.…
1Opinion of the Court
The opinion of the court was delivered by
Greene, J.:
This is a suit by the plaintiff in error, on its cross-petition, to quiet its title to the lots in controversy. No other issue was triable under the cross-petition and,reply. It is settled in this state that if a *242tax-deed holder, in a suit by him against the original owner to quiet title to real estate, fails in establishing his title he cannot convert his suit into a possessory action and have the taxes paid by him declared to be a lien on the real estate. (Corbin v. Young, 24 Kan. 198.) The reason for this is that ample provision is made…
2Cases cited2 opinions
- Corbin v. YoungSupreme Court of Kansas · 1880
- Sheaff v. HustedSupreme Court of Kansas · 1899
3Cited by4 opinions
- Board of County Commissioners v. AldenSupreme Court of Kansas · 1944
- Baldwin v. GibsonSupreme Court of Kansas · 1911
- Board of County Commissioners v. MatlockSupreme Court of Kansas · 1963
- Alison v. HarperSupreme Court of Kansas · 1919