Whitford v. Lynch
Supreme Court of Kansas
Error from Anderson Distriot Court. Ejectment, brought by Lynch against Whitford, to recover the possession of 120 acres of land. Both parties claimed title in fee.
Read the full summary
Error from Anderson Distriot Court. Ejectment, brought by Lynch against Whitford, to recover the possession of 120 acres of land. Both parties claimed title in fee. The ease was tried at the September Term 1870. The defendant, Whitford, in support of his title offered in evidence certain tax deeds, the testatum clause of each of which is as follows: “In witness whereof, I, James F. Walker, county clerk as ¡- -i aforesaid, have hereunto subscribed my name, and *- affixed my official seal on this 9th day of May, 1864. James F. Walker, Comity Clerk, Witness, M. A. Page. By Wm. A. Walker,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The main question presented in this case is as to the power of a deputy county clerk to execute a tax deed. The defendant in error proved title from the government. The plaintiff in error proved possession in himself for a series of years, and offered tax deeds which had been recorded more than two years prior to the commencement of the suit; but the district court refused to receive them in evidence. These tax deeds seem to be in substantial conformity to the forms laid down in the statute. Counsel for plaintiff in error alleges in his…
2Cases cited1 opinion
- Amrine v. Kansas Pacific R. R.Supreme Court of Kansas · 1871
3Cited by3 opinions
- Blackwell v. StateSupreme Court of Florida · 1920
- Babbitt v. JohnsonSupreme Court of Kansas · 1875
- McRee v. SwalmMississippi Supreme Court · 1902