Magill v. Martin
Supreme Court of Kansas
Error from Bourbon District Court. Magill brought his action to foreclose a mortgage given by Edwin A. Wade and wife on Lot 2 in Block 193, city of Fort Scott, to secure the payment of notes given by Wade alone, amounting to $400. Martin being in possession of said property claiming title thereto, was joined as a co-defendant. The Wades made default. Martin answered, setting up title in fee in herself under a t.ax deed issued subsequently to the execution of said mortgage.
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Error from Bourbon District Court. Magill brought his action to foreclose a mortgage given by Edwin A. Wade and wife on Lot 2 in Block 193, city of Fort Scott, to secure the payment of notes given by Wade alone, amounting to $400. Martin being in possession of said property claiming title thereto, was joined as a co-defendant. The Wades made default. Martin answered, setting up title in fee in herself under a t.ax deed issued subsequently to the execution of said mortgage. Trial of the issue joined on this answer, at the June Term 1873 of the district court, (C.W. B., judge pro tem.,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The only question in this case is as to the validity of a tax-deed, and one of the objections to it is the same as that which was held fatal in the case of Norton v. Friend, decided at the present term of this court; (13 Kas., 532.) It recites a sale to the county, not as a result of a failure to sell to an individual, but as the result of competitive biddings, in which the county entered as a voluntary bidder. The language of the deed is as follows:
“And whereas, at the time and place aforesaid, Bourbon county having offered to pay the sum…
2Cases cited3 opinions
- Norton v. FriendSupreme Court of Kansas · 1874
- Hobson v. DuttonSupreme Court of Kansas · 1872
- Guittard Tp. v. Com'rs Marshall Co.Supreme Court of Kansas · 1868
3Cited by13 opinions
- Larkin v. WilsonSupreme Court of Kansas · 1882
- O'Keefe v. DillenbeckSupreme Court of Oklahoma · 1905
- Hanenkratt v. HamilSupreme Court of Oklahoma · 1900
- Thompson v. YatesSupreme Court of Oklahoma · 1938
- Weeks v. MerkleSupreme Court of Oklahoma · 1898
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