Walrond v. Noyes
Supreme Court of Kansas
Appeal from Osborne district court; Richard M. Pickler, judge. STATEMENT. This is an action of ejectment. The plaintiffs owned a section of school land in Osborne county and occupied and improved the same until 1889, when they removed to Oklahoma. They continued to control and rent the land until 1893. After this date the interest due the state and the taxes were not paid.
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Appeal from Osborne district court; Richard M. Pickler, judge. STATEMENT. This is an action of ejectment. The plaintiffs owned a section of school land in Osborne county and occupied and improved the same until 1889, when they removed to Oklahoma. They continued to control and rent the land until 1893. After this date the interest due the state and the taxes were not paid. In December, 1895, proceedings were had to forfeit the sale, and the land was sold by the state to other purchasers, who took possession of the land and have ever since occupied and claimed the same under such purchase. On…
1Opinion of the Court
*120The opinion of the court was delivered by
Graves, J.:
The first and principal claim made by the plaintiffs is that the forfeiture proceedings were insufficient. The return of the sheriff showing the service of notice omitted to state all that was done by him in making service, and the court permitted his deposition to be read stating more in detail how and where the notices were posted and that no person was upon the premises. The notices were served by him in December, 1895, about thirteen years before this trial. The return of service made by the sheriff reads:
“Return. Received this notice…
2Cases cited4 opinions
- Burgess v. HixonSupreme Court of Kansas · 1907
- Jones v. HickeySupreme Court of Kansas · 1909
- Reitler v. HarrisSupreme Court of Kansas · 1909
- Broadie v. CarsonSupreme Court of Kansas · 1910