Legal Opinion

Jeffries v. Clark

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 2 opinions

Error from, Franklin District Court. On January 3, 1878, John Jeffries took possession of a ■small house and lot in Ottawa, under and by virtue of a tax deed. On January 31, 1878, he brought an action against W. H. Clark, who claimed to be the owner of the premises, to quiet the title. On February 25, 1878, Clark brought an action, in the nature of an ejectment, against Jeffries, for the same property.

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Error from, Franklin District Court. On January 3, 1878, John Jeffries took possession of a ■small house and lot in Ottawa, under and by virtue of a tax deed. On January 31, 1878, he brought an action against W. H. Clark, who claimed to be the owner of the premises, to quiet the title. On February 25, 1878, Clark brought an action, in the nature of an ejectment, against Jeffries, for the same property. The two causes were consolidated, and tried by the court without a jury, on September 20, 1878. The court found the following facts: 1. ,That in the year 1873, Win. H. Clark was the owner 'in…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Counsel for plaintiff in error asserts that as Clark, the owner of the premises in controversy, has failed to pay to Jeffries, the holder of the tax deed, the taxes, interests and costs allowed by the court under the provision of §5919, Comp. Laws 1879, p. 997 — presumably because the premises are not worth the amount — that Jeffries is entitled to a general execution against the property of Clark. It follows as a consequence of this claim, that the goods and chattels of Clark can be first taken to pay the taxes, etc.; and that in the…

2Cases cited2 opinions

  1. Board of Commissioners v. GoddardSupreme Court of Kansas · 1879
  2. Babbitt v. JohnsonSupreme Court of Kansas · 1875

3Cited by2 opinions

  1. Russell v. HudsonSupreme Court of Kansas · 1882
  2. Scollard v. City of DallasCourt of Appeals of Texas · 1897

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