Greer v. McCarter
Supreme Court of Kansas
Error from Shawnee County. The facts of the case are sufficiently stated in the ^opinion of the court. 1. At the time of the conveyance, the land was unencumbered by taxes. This is all the grantor covenanted. The covenants of the deed cannot be construed as prospective.
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Error from Shawnee County. The facts of the case are sufficiently stated in the ^opinion of the court. 1. At the time of the conveyance, the land was unencumbered by taxes. This is all the grantor covenanted. The covenants of the deed cannot be construed as prospective. The grantee has not been disturbed. 2. The taxes did not become a lien on the land until ■ October 1st. The conveyance was made August 26th. [See L., ’63,p 101, § 8.] The grantee paid the taxes voluntarily and for his sole benefit. 3. Section 12, act March 6, ’62, makes no provision for enforcing the liability created by it,…
1Opinion of the Court
By the Court,
Valentine, J.
John P. Greer, one of the plaintiffs in error, sold and yeoncyed some land to George McCarter, the defendant *21in error, on the 26th clay of August, A. D. 1865, without any express agreement between the parties as to who should pay the taxes on the lands for that year. On the 1st day of May, A. D. 1866, after the land had been advertised for sale for said taxes, and a few days before it would have been offered for sale for the same, McCarter paid them, the amount being $57.45. On the 25th day of August, A. D., 1868, McCarter brought an action before a justice of the…
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- Johnson v. StateSupreme Court of Kansas · 1903
- Cotton v. AlexanderSupreme Court of Kansas · 1884
- Emerson v. UnderwoodSupreme Court of Oklahoma · 1939
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