Martin v. Garrett
Supreme Court of Kansas
Error from Osage District Court. Ejectment by W. D. Martin and D. M. Cooper against B. F. Garrett, Anna Garrett, and Louis Shutz and wife. On a judgment overruling plaintiffs’ demurrer to the answer, they bring error. Suppose all the defense to be well pleaded: then it is no ■defense to the petition, because the statute will not run unless the defendants have a good tax deed; but this deed is void on its face.
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Error from Osage District Court. Ejectment by W. D. Martin and D. M. Cooper against B. F. Garrett, Anna Garrett, and Louis Shutz and wife. On a judgment overruling plaintiffs’ demurrer to the answer, they bring error. Suppose all the defense to be well pleaded: then it is no ■defense to the petition, because the statute will not run unless the defendants have a good tax deed; but this deed is void on its face. As to the statute running in favor of a void deed, see Shoat v. Walker, 6 Kas. 65; Sapp v. Morrill, 8 id. 677; Hubbard v. Johnson, 9 id. 634; Waterson v. Devoe, 18 id. 223; Hall’s Heirs…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an ordinary action in the nature of ejectment and for rents and profits, brought in the district court of Osage county on July 19, 1888, by "W. D. Martin and D. M. Cooper against B. F. Garrett, Anna Garrett, Louis Shutz and wife, for the recovery of the southwest quarter of section 9, in township 15, range 17, in said county. The answer of Shutz and wife was simply a general denial, and that they were the tenants of B. F. Garrett. The answer of the Garretts, who were husband and wife, was, first, a general denial; second, that…
2Cases cited1 opinion
- Bowman v. CockrillSupreme Court of Kansas · 1870
3Cited by7 opinions
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