Legal Opinion

Gibson v. Larabee

Supreme Court of Kansas

Decided February 8, 1908No. 15,196PublishedCited by 2 opinions

Error from Stafford district court; Jermain W.. Brinckerhoff, judge. STATEMENT. Gibson brought a foreclosure suit in the district court of Stafford county against the makers of a mortgage on the east .half of the northeast quarter of section 26, township 25, range 12, in Stafford county, and made Larabee a defendant, he having a tax deed of record on the land.

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Error from Stafford district court; Jermain W.. Brinckerhoff, judge. STATEMENT. Gibson brought a foreclosure suit in the district court of Stafford county against the makers of a mortgage on the east .half of the northeast quarter of section 26, township 25, range 12, in Stafford county, and made Larabee a defendant, he having a tax deed of record on the land. Larabee answered and set up his tax deed, a copy of the material parts of which is as follows: “Know All Men by These Presents, That whereas, each separate tract or parcel of the following described real property, viz.: Northeast…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

It appears from the deed that at the time of the tax sale the entire taxes, interest and costs remaining unpaid upon the northeast quarter of section 26, either as an entire tract or upon the several tracts composing the same, was $18.75, and that at the time of the execution of the deed to Larabee, to whom had been assigned the tax-sale certificate, the east half of the quarter-section had not been redeemed, but that the west half had been redeemed, as provided by law.

The deed having been issued and recorded more than *246five years before the…

2Cases cited4 opinions

  1. Nagle v. TiepermanSupreme Court of Kansas · 1907
  2. Penrose v. CooperSupreme Court of Kansas · 1905
  3. Gibson v. TrislerSupreme Court of Kansas · 1906
  4. Carson v. PlattSupreme Court of Kansas · 1907

3Cited by2 opinions

  1. Kessler v. PolkoskySupreme Court of Kansas · 1909
  2. Williams v. HallSupreme Court of Kansas · 1912

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