Babbitt v. Johnson
Supreme Court of Kansas
Error from Brown District Court. Ejectment, brought by Johnson, to recover the possession of a quarter-section of land. The facts are stated in the briefs and opinion. Trial at the August Term 1873. Verdict and judgment for plaintiff, and defendant Babbitt brings the case here. Babbitt, defendant below, claimed title to the land under a tax-deed executed and recorded in June 1864, and claimed that the plaintiff’s right of action was barred by the statute.
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Error from Brown District Court. Ejectment, brought by Johnson, to recover the possession of a quarter-section of land. The facts are stated in the briefs and opinion. Trial at the August Term 1873. Verdict and judgment for plaintiff, and defendant Babbitt brings the case here. Babbitt, defendant below, claimed title to the land under a tax-deed executed and recorded in June 1864, and claimed that the plaintiff’s right of action was barred by the statute. We claim, that this action cannot be maintained, as no tender of the amount of the taxes, costs, etc., was made to Babbitt, as provided by…
1Opinion of the Court
*254The opinion of the court was delivered by
Brewer, J.:
This was an action of ejectment. Defendant in error, plaintiff below, relied on a chain of title from government — plaintiff in error, defendant below, upon a tax deed. Four questions are presented. It is objected that the acknowledgment to a deed in June 1859, was insufficient, because taken before an officer not authorized to take acknowledgments. The officer was the deputy of the clerk of the probate court. This must be held good. An acknowledgment before the clerk of a court having a seal, was sufficient. Comp. Laws, p. 355, § 14. The…
2Cases cited4 opinions
- Sapp v. MorrillSupreme Court of Kansas · 1871
- Magill v. MartinSupreme Court of Kansas · 1874
- Norton v. FriendSupreme Court of Kansas · 1874
- Whitford v. LynchSupreme Court of Kansas · 1872
3Cited by11 opinions
- Shaffer v. SmithSupreme Court of Oklahoma · 1916
- Larkin v. WilsonSupreme Court of Kansas · 1882
- Hanenkratt v. HamilSupreme Court of Oklahoma · 1900
- Rush v. Lewis & Clark CountyMontana Supreme Court · 1908
- Shinkle v. MeekSupreme Court of Kansas · 1904
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