Smith v. United States Sugar & Land Co.

The opinion of the court was delivered by

Porter, J.:

The court rightly held the tax deed void. It recites a sale in bulk of three separate tracts of land for a gross consideration. (Worden v. Cole, 74 Kan. 226, and cases cited.)

The judgment quieting title in the plaintiffs was not void. The affidavit for service by publication was a sufficient compliance with the statute. It states that the defendants are foreign corporations and that personal service can not be had upon them within the state of Kansas. All the other averments are mere surplusage. The omission of an allegation that such…