Mathews v. Buckingham
Supreme Court of Kansas
Error from Saline Distriet Court. Defendant in error, plaintiff in the court below, on the 14th day of August, 1877, filed his petition in the district court of Saline county against the plaintiff in error, for the recovery of lot 140, on Fifth street, in Salina. The plaintiff in error filed an answer, denying that the defendant in error was seized in fee simple of the lot, and claiming title under a tax deed to Sarah Sebring, and a warranty deed from her.
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Error from Saline Distriet Court. Defendant in error, plaintiff in the court below, on the 14th day of August, 1877, filed his petition in the district court of Saline county against the plaintiff in error, for the recovery of lot 140, on Fifth street, in Salina. The plaintiff in error filed an answer, denying that the defendant in error was seized in fee simple of the lot, and claiming title under a tax deed to Sarah Sebring, and a warranty deed from her. The defendant in error replied, denying the new matter in the answer, and alleging the tax deed was void, and a tender of taxes before the…
1Opinion of the Court
*168The opinion of the court was delivered by
Horton, C. J.:
The main question presented is, whether the trial court rightfully directed the jury to return a verdict for the defendant in error? After he proved title in-himself through various conveyances running back to the-United States, plaintiff in error introduced in evidence a tax deed, covering the lot in controversy, and lot No. 2, county park, in Salina, dated May 7, 1874, but purporting to have-been acknowledged on May 14th of the same year; then a warranty deed from Sarah Sebrin'g to her, dated February 19r 1877, and rested. Defendant in…
2Cases cited1 opinion
- Hall's Heirs v. DodgeSupreme Court of Kansas · 1877
3Cited by11 opinions
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- Russell v. HudsonSupreme Court of Kansas · 1882
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