Legal Opinion

Hubbard v. Johnson

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 6 opinions

Error from Brown District Gourt. Action brought by Johnson to annul and cancel a tax deed issued by the county clerk of Brown county July 10th, 1867, purporting to be for taxes assessed for the year 1864. Said deed was recorded July 19th 1867, and the action below was commenced July 17th 1870. The deed recites that the land “could not be sold,” that it was “bid off by H. P. Stebbins,” that said Stebbins assigned “the certificate of sale” to Geo. J. Stebbins and ¥m.

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Error from Brown District Gourt. Action brought by Johnson to annul and cancel a tax deed issued by the county clerk of Brown county July 10th, 1867, purporting to be for taxes assessed for the year 1864. Said deed was recorded July 19th 1867, and the action below was commenced July 17th 1870. The deed recites that the land “could not be sold,” that it was “bid off by H. P. Stebbins,” that said Stebbins assigned “the certificate of sale” to Geo. J. Stebbins and ¥m. R. Stebbins. The tax deed Avas made to said assignees, and the plaintiff in error, defendant below, is their grantee. The case…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The main question in this case is, whether a certain tax deed is valid or not. One of the principal objections urged-against the tax deed is, that it shows upon its face that the land for which the tax deed was executed was not sold for delinquent taxes. A portion of the deed reads as follows:

“Whereas, at the time and place aforesaid the said real property above described could not be sold for the amount -of said taxes, penalty and charges thereon, to any person or persons, in any parcel or parcels, at said public sale, or any adjourned…

2Cases cited2 opinions

  1. Shoat v. WalkerSupreme Court of Kansas · 1870
  2. Sapp v. MorrillSupreme Court of Kansas · 1871

3Cited by6 opinions

  1. Gomer v. ChaffeeSupreme Court of Colorado · 1882
  2. Waterson v. DevoeSupreme Court of Kansas · 1877
  3. Keller v. HawkSupreme Court of Oklahoma · 1907
  4. Hopkins v. ScottSupreme Court of Missouri · 1885
  5. Entrekin v. ChambersSupreme Court of Kansas · 1873

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