Maxson v. Huston
Supreme Court of Kansas
Error from Lyon District Court. P. B. Maxson commenced an action against James 8. Dernar-a, to quiet title to eighty acres of land in Lyon county, which plaintiff alleged that he was in possession of, and owned through certain tax deeds.
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Error from Lyon District Court. P. B. Maxson commenced an action against James 8. Dernar-a, to quiet title to eighty acres of land in Lyon county, which plaintiff alleged that he was in possession of, and owned through certain tax deeds. The present defendants, Prudence Huston and eleven others, came into the case on their own application, being the heirs of Maxfield Huston, the grantee of the land in question from said Demara, who was the patentee thereof from the United States. The defendants filed an answer, and also a cross-petition, in which they alleged that the plaintiff was in…
1Opinion of the Court
The opinion of the court was delivered by
•Brewer, J.:
The question in this case is, whether a tax deed, regular on its face and of record for more than two years, can be avoided by proof of the fact that the description of the land conveyed, which is full and correct in the deed, is fatally defective both on the assessment roll and in the sale certificate. The description in the case at bar, on the roll and in the certificate, was simply eighty acres in S. E.|of section 11, township 18, range 11; in the deed the metes g,nd bounds of- the tracts were added. The contention of counsel is that the…
2Cases cited4 opinions
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Taylor v. MilesSupreme Court of Kansas · 1870
- McNamara v. EstesSupreme Court of Iowa · 1867
- Case v. AlbeeSupreme Court of Iowa · 1869
3Cited by8 opinions
- Dodge v. EmmonsSupreme Court of Kansas · 1886
- Doudna v. HarlanSupreme Court of Kansas · 1891
- Wolfe v. BrookeSupreme Court of Oklahoma · 1928
- Jordan v. KyleSupreme Court of Kansas · 1882
- Francis v. GroteMissouri Court of Appeals · 1883
3 more not listed; retrieve them via the Exa API.