Legal Opinion

Corbin v. Inslee

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 6 opinions

Error from Linn District Court. Action brought by Corbin against Inslee, to quiet title to certain lands in Linn county. Trial at the July Term, 1878, of the district court, and judgment for the defendant. The plaintiff brings the case tojthis court. The defendant’s demurrer raises the question whether an undivided interest in land can properly be assessed for taxation; and if the taxes remain delinquent, whether it can be sold for such delinquent taxes.

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Error from Linn District Court. Action brought by Corbin against Inslee, to quiet title to certain lands in Linn county. Trial at the July Term, 1878, of the district court, and judgment for the defendant. The plaintiff brings the case tojthis court. The defendant’s demurrer raises the question whether an undivided interest in land can properly be assessed for taxation; and if the taxes remain delinquent, whether it can be sold for such delinquent taxes. The description in the present case is equal to á description of an undivided interest in the land. Suppose, for instance, these four lots…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action to quiet title to certain lands in Linn county. Plaintiff based his title on a tax deed, . *158which described the lands as “lots 1, 2, 3 and 4, section 13, in township 23, range 24, except undivided 11 acres.” The tax sale was had on May 8th, 1872, for the tax of 1871. All the proceedings, including the deed, were under the tax law of 1868. (Gen. Stat., ch. 107.) A demurrer was interposed by the defendant to the petition. The court held that the tax deed was insufficient on its face to pass title to the plaintiff, and…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
  2. Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
  3. Hall's Heirs v. DodgeSupreme Court of Kansas · 1877
  4. Board of Commissioners v. GoddardSupreme Court of Kansas · 1879

3Cited by6 opinions

  1. Curtiss v. Inhabitants of SheffieldMassachusetts Supreme Judicial Court · 1913
  2. Pritchard v. MadrenSupreme Court of Kansas · 1883
  3. Patterson v. Gary Land Co.Indiana Court of Appeals · 1934
  4. Fountain v. JoullianMississippi Supreme Court · 1916
  5. Pierce v. AdamsSupreme Court of Kansas · 1908

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