Legal Opinion

McQuesten v. Swope

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 7 opinions

Error from Franklin District Court. Ejectment, brought by Swope, to recover six lots in the city of Ottawa. The defendants answered, claiming that they were the legal and equitable owners of the lots. Trial at the March Term 1872 of the district court. Swope showed title in himself, by a regular chain of conveyances from the government, and rested.

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Error from Franklin District Court. Ejectment, brought by Swope, to recover six lots in the city of Ottawa. The defendants answered, claiming that they were the legal and equitable owners of the lots. Trial at the March Term 1872 of the district court. Swope showed title in himself, by a regular chain of conveyances from the government, and rested. On the part of the defense a tax-deed was offered and read in evidence, executed May 20th 1870 by the county clerk of Franklin county to George D. Steinburgh as grantee. The commencement, and a part of the recitals of said tax-deed, are as follows:…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This case turns upon, the validity of a tax-deed. As this deed was executed and recorded less than two years prior to the commencement of the action in the district court, the statute of limitations is outside the case. The deed being regular on its face, is prima facie evidence, under the statute, of the regularity of all the prior proceedings, and' can only be avoided by showing some actual and substantial defect in those proceedings. No mere irregularity is sufficient. There was a general finding in favor of the defendant in error, and…

2Cases cited3 opinions

  1. Case v. DeanMichigan Supreme Court · 1867
  2. McLaughlin v. ThompsonIllinois Supreme Court · 1870
  3. Kimball v. BallardWisconsin Supreme Court · 1865

3Cited by7 opinions

  1. Hall's Heirs v. DodgeSupreme Court of Kansas · 1877
  2. Mack v. PriceSupreme Court of Kansas · 1886
  3. Ireland v. GeorgeSupreme Court of Kansas · 1889
  4. Herzog v. GreggSupreme Court of Kansas · 1880
  5. Cross v. HermanSupreme Court of Kansas · 1906

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