Board of Leavenworth County Comm'rs v. Cunningham

Abbott, J.:

This is an appeal by Ben Cunningham from an order denying his motion to set aside a judgment, sale and sheriff’s deed in a tax foreclosure suit for failure to give him notice. Cunningham occupied and held an unrecorded deed to the real estate that was sold in the tax foreclosure suit.

The record titleholder of the property is Alonzo Collins. Ben Cunningham contracted to purchase the property from Collins in August 1975, taking possession and continually occupying the premises since September 1975. The contract apparently was completed and the deed delivered to Cunningham in 1976.…