Van Hall v. Goertz
Supreme Court of Kansas
Appeal from Stanton district court; William H. Thompson, judge. STATEMENT. On October 1, 1888, Frank Cessna was the owner of 160 acres of land, the subject of this action. On that day he mortgaged the land to H. B. Buckwalter to secure the payment of a promissory note for $300, due in five years, with interest to be paid semiannually.
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Appeal from Stanton district court; William H. Thompson, judge. STATEMENT. On October 1, 1888, Frank Cessna was the owner of 160 acres of land, the subject of this action. On that day he mortgaged the land to H. B. Buckwalter to secure the payment of a promissory note for $300, due in five years, with interest to be paid semiannually. On January 16, 1902, a compromise tax deed was issued purporting to convey the land, with eleven other tracts, to John Plummer, for the delinquent taxes of 1893 to-1898, inclusive, reciting the payment of the subsequent taxes of 1899 and 1900 by the purchaser.…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The defense based upon the tax deed will first be considered. It is contended that this deed is void upon its face because it shows that the taxes for the year 1899 were excluded from the compromise or*144der made by the county commissioners and from the consideration paid by the assignee. This objection is met by the opinion of this court in Gibson v. Cockrum, 81 Kan. 772, where such a deed with like recitals, which had been of record for more than five years, was held not to be void upon its face.
It is also contended that the deed is void…
2Cases cited3 opinions
- Penrose v. CooperSupreme Court of Kansas · 1905
- Kessler v. PolkoskySupreme Court of Kansas · 1909
- Gibson v. CockrumSupreme Court of Kansas · 1910
3Cited by3 opinions
- Brown v. ReaSupreme Court of Kansas · 1910
- Gibson v. ReaSupreme Court of Kansas · 1913
- Gibson v. WilkinsSupreme Court of Kansas · 1910