Coe v. Farwell
Supreme Court of Kansas
Error from, Coffey District Court, Ejectment, brought by Horatio D. Coe, an infant, by James M. Hendry, his guardian, against Farwell and three others, to recover the possession of the southeast quarter of section 22, township 21, range 15, situate in Coffey county. Trial by the court at the June Term, 1879, upon the pleadings and an agreed statement of facts.
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Error from, Coffey District Court, Ejectment, brought by Horatio D. Coe, an infant, by James M. Hendry, his guardian, against Farwell and three others, to recover the possession of the southeast quarter of section 22, township 21, range 15, situate in Coffey county. Trial by the court at the June Term, 1879, upon the pleadings and an agreed statement of facts. Recovery of the premises was adjudged to the plaintiff, with his costs ; but it was further adjudged that — “Before said plaintiff be let into the possession of said land, he pay to said defendant, John L. Farwell, the said taxes paid…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of ejectment, in which the defendant claimed under a tax deed, and the only question is, whether he was entitled to recover the taxes paid by him, and interest, before being dispossessed of the land. The case was tried by the court, without a jury, and the claim of defendant for taxes sustained.
From the agreed statement of facts, it appears that—
“The land in controversy was subject to taxation for the year 1870, and the taxes legally assessed thereon remained due and unpaid on the first Tuesday of May, 1871, and the same…
2Cases cited3 opinions
- Smith v. SmithSupreme Court of Kansas · 1875
- Hoffmire v. RiceSupreme Court of Kansas · 1879
- Challiss v. HekelnkæmperSupreme Court of Kansas · 1875
3Cited by2 opinions
- Longworth v. JohnsonSupreme Court of Kansas · 1903
- Wilder v. CockshuttSupreme Court of Kansas · 1881