Dodge v. Emmons
Supreme Court of Kansas
Error from Wyandotte District Court. Action to recover certain real estate situated in Wyandotte county. 8. H. Dodge holds under a chain of title from the United States down to himself. Carrie L. Emmons claims title by virtue of certain tax deeds executed in favor of J. L. Beverly, and by a conveyance from Beverly to herself.
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Error from Wyandotte District Court. Action to recover certain real estate situated in Wyandotte county. 8. H. Dodge holds under a chain of title from the United States down to himself. Carrie L. Emmons claims title by virtue of certain tax deeds executed in favor of J. L. Beverly, and by a conveyance from Beverly to herself. The lands were sold to Beverly in 1873 for the taxes of 1872. One hundred and five acres of the same were deeded to Beverly on January 29, 1877, and the deed was recorded on the same day. The remaining portion was conveyed to Beverly on January 25, 1877, and the deed was…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The determination of this controversy depends upon the sufficiency of two tax deeds under which the defendant claims. The plaintiff challenges the validity of the deed dated January 29, 1877, for the reason, as he alleges, that it shows upon its face that two distinct parcels of land were assessed separately, but sold together for a single consideration, and therefore is void upon its face, and will not start the statute of limitations to running. Looking at the deed alone, we are unable to concur with the plaintiff that the lands sold and…
2Cases cited4 opinions
- Hall's Heirs v. DodgeSupreme Court of Kansas · 1877
- Haynes v. HellerSupreme Court of Kansas · 1874
- Leavitt v. WatsonSupreme Court of Iowa · 1873
- Maxson v. HustonSupreme Court of Kansas · 1879
3Cited by14 opinions
- Spiech v. TierneyNebraska Supreme Court · 1898
- Guthrie v. HaunOregon Supreme Court · 1938
- Edwards v. SimsSupreme Court of Kansas · 1888
- Spicer v. HoweSupreme Court of Kansas · 1888
- Havel v. Decatur County Abstract Co.Supreme Court of Kansas · 1907
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