Legal Opinion

Casner v. Gahlman

Court of Appeals of Kansas

Decided November 15, 1897No. 256PublishedCited by 6 opinions

Error from Saline District Court. Hon. N. P. Thompson, Judge. This was ejectment, brought by defendant in error in the District Court of Saline County. The defendant below claimed under a tax deed. It was conceded that, unless he had been deprived of title by the tax deed, plaintiff below should have recovered. The judgment of the lower court was against the tax-deed holder.

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Error from Saline District Court. Hon. N. P. Thompson, Judge. This was ejectment, brought by defendant in error in the District Court of Saline County. The defendant below claimed under a tax deed. It was conceded that, unless he had been deprived of title by the tax deed, plaintiff below should have recovered. The judgment of the lower court was against the tax-deed holder. Two questions are presented for consideration : First, was the tax-sale notice sufficient under the law ? second, was the final redemption notice a valid notice ?

1Opinion of the CourtMcElroy, J.

I. Was the notice given of the tax sale a sufficient notice under the statutes? The notice as published reads :

“Notice is hereby given that the following described lands and town lots, or so much thereof of *296each tract as may be necessary for that purpose, will on Monday, October 27, 1890, ,and during the next succeeding days thereafter, be sold at public auction at my offiee in the courthouse in Saline County, Kansas, for the taxes and charges due thereon for the year A.D. 1889.”

Before any real estate can be sold at tax sale on account of non-payment of taxes, notice of such sale is required…

2Cited by6 opinions

  1. Teal Lake Iron Mining Co. v. OldsMichigan Supreme Court · 1914
  2. Shinkle v. MeekSupreme Court of Kansas · 1904
  3. Salter v. CorbettSupreme Court of Kansas · 1909
  4. Harp v. WilsonSupreme Court of Kansas · 1911
  5. Cave v. RinehartSupreme Court of Kansas · 1912

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