Park v. Tinkham
Supreme Court of Kansas
Error from Marshall District Court. Two actions—one brought by Park against Tinkham, the other by Sherry against Frazier. In each action the plaintiff therein claimed to be “the legal owner, in fee simple,” of certain lands in Marshall county; and the object of the action was to set aside and annul “a pretended deed of conveyance, known as a tax deed,” under and in virtue of which the defendant claimed to own and be’ entitled to the plaintiff’s land.
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Error from Marshall District Court. Two actions—one brought by Park against Tinkham, the other by Sherry against Frazier. In each action the plaintiff therein claimed to be “the legal owner, in fee simple,” of certain lands in Marshall county; and the object of the action was to set aside and annul “a pretended deed of conveyance, known as a tax deed,” under and in virtue of which the defendant claimed to own and be’ entitled to the plaintiff’s land. The petition alleged that said pretended tax deed was “a cloud upon the title of the plaintiff,” and prayed judgment that the said tax deed “may…
1Opinion of the Court
*617The opinion of the court was delivered by
Valentine, J.:
These two cases involve precisely the •same questions, and will therefore be considered together. For convenience however we shall hereafter speak of the two •cases as though they were only one, as what we say of one is •equally applicable to both.
• This action was brought to set aside a tax deed. A demurrer was filed to the petition-. The court sustained the demurrer. The plaintiff then brought the case to this.court. The petition is very long, complicated in its statements of facts, inartistically drawn, difficult to be understood, and…
2Cited by7 opinions
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- Bowersox v. J. W. Hall & Co.Supreme Court of Kansas · 1906
- Haynes v. HellerSupreme Court of Kansas · 1874
- Upham v. HeadSupreme Court of Kansas · 1906
- Lawrence v. WheelerSupreme Court of Kansas · 1908
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