Legal Opinion

Case v. Frazier

Supreme Court of Kansas

Decided January 15, 1884PublishedCited by 2 opinions

Motion for Rehearing. Action brought by Hugh A. Frazier and J. W. Bishop against A. H. Case, to recover the possession of the southwest quarter of section 18, township 10, range 16, east, situate in Shawnee county. Trial by the court at the adjourned September Term, 1882, and judgment for plaintiffs. Defendant brought the ease here.

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Motion for Rehearing. Action brought by Hugh A. Frazier and J. W. Bishop against A. H. Case, to recover the possession of the southwest quarter of section 18, township 10, range 16, east, situate in Shawnee county. Trial by the court at the adjourned September Term, 1882, and judgment for plaintiffs. Defendant brought the ease here. Plaintiffs claimed title under the following deeds: Tax deed, executed by the county clerk of Shawnee county, May 11, 1872, to Joseph S. Higgins, and recorded May 13, 1872; quitclaim deed, executed by Higgins and wife, December 28, 1872, to J. S. Halder'man, and…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The opinion filed in this case (30 Kas. 343} stated, inter alia, that the objections taken to the tax proceedings prior to the execution of the tax deed were cured by the running of the statute of limitations, (subdivision 3,. §16 of the Code;) and therefore no notice was taken of the-alleged irregularities or defects in the tax proceedings. This-conclusion was based upon the evidence contained in the record, which failed to show that the plaintiffs or their immediate grantor were absent from the state after July 28, 1874,. for any…

2Cases cited2 opinions

  1. Morrell v. IngleSupreme Court of Kansas · 1879
  2. Case v. FrazierSupreme Court of Kansas · 1883

3Cited by2 opinions

  1. Ard v. WilsonCourt of Appeals of Kansas · 1898
  2. Haase v. KelleyCourt of Appeals of Kansas · 1899

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