Legal Opinion

Millbank v. Ostertag

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 4 opinions

Error from, Atchison District Court. Action brought by Ostertag against Millbanh, and two others, concerning a certain lot in the city of Atchison. The opinion states the nature of the action and the facts. Trial by the court afc4he November Term, 1879, and judgment for the plaintiff. Millbanh brings the case here.

Read the full summary

Error from, Atchison District Court. Action brought by Ostertag against Millbanh, and two others, concerning a certain lot in the city of Atchison. The opinion states the nature of the action and the facts. Trial by the court afc4he November Term, 1879, and judgment for the plaintiff. Millbanh brings the case here. The tax-sale certificate and the tax deed to Ostertag were not voidable only, but absolutely void, and he thereby obtained no interest or lien, either in law or equity, on the lot in controversy. 1. The lot had been sold for the tax of 1869, and bid off for the county, (Gen. Stat.,…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The record does not contain any of the evidence, but only the pleadings, findings of fact and conclusions of law made by the court. As shown by the record, the. facts of the case are briefly as follows, viz.: In 1870 the lot in,question was subject to taxation, and in that year, among other taxes, there was assessed thereon a sidewalk tax of $42.14. At this time one L. C. Challiss was the owner in fee simple of said lot, and had been for several years pre*469vious to that date. In 1869, L. C. Challiss having failed to pay the taxes due on this…

2Cases cited3 opinions

  1. Smith v. SmithSupreme Court of Kansas · 1875
  2. Challiss v. ParkerSupreme Court of Kansas · 1873
  3. Morrill v. DouglassSupreme Court of Kansas · 1876

3Cited by4 opinions

  1. McDonald v. KelsonSupreme Court of Kansas · 1908
  2. Wilder v. CockshuttSupreme Court of Kansas · 1881
  3. Womble v. Pike and MurphySupreme Court of Oklahoma · 1906
  4. McKeen v. HaxtunSupreme Court of Kansas · 1881

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API