Legal Opinion

Hobson v. Dutton

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 9 opinions

Error from Miami Bistrict Court. Ejectment, brought by Iiobson, to recover the possession, of a quarter-section of laud in Miami county. The petition stated that the plaintiff was the legal owner, in fee simple, and had the absolute title and right of possession, etc.

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Error from Miami Bistrict Court. Ejectment, brought by Iiobson, to recover the possession, of a quarter-section of laud in Miami county. The petition stated that the plaintiff was the legal owner, in fee simple, and had the absolute title and right of possession, etc. Button answered, admitting possession, and setting up title and right of possession in liimself under a tax deed dated May 20th 1864 † upon a sale of said lands on the 2d of September 1862 for the non-payment of taxes assessed thereon for the year 1861. The tax deed being recorded September 19th 1864, the defendant further…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

*4861. Tax deed; what recital not necessary, 2. Tax deed, form of; tatuu>. *485This case hinges on the validity of a tax title. Plaintiff in error claims that the tax deed was void on its face, or, if not, was shown to be void by the other testimony in the case. Was the deed void on its face? The only reason assigned on the trial was, that the “ land wras not •sold in September 1862, for non-payment, of the taxes of 1861.” This reason is not pressed in this court-, but a new *486one is urged, one not presented to the district court. We might perhaps upon…

2Cases cited5 opinions

  1. Bowman v. CockrillSupreme Court of Kansas · 1870
  2. Knox v. ClevelandWisconsin Supreme Court · 1860
  3. Taylor v. MilesSupreme Court of Kansas · 1870
  4. Shelton v. DunnSupreme Court of Kansas · 1870
  5. Falkner v. DormanWisconsin Supreme Court · 1859

3Cited by9 opinions

  1. Board of Regents of Kansas State Agricultural College v. LinscottSupreme Court of Kansas · 1883
  2. Reckitt v. KnightSouth Dakota Supreme Court · 1902
  3. Magill v. MartinSupreme Court of Kansas · 1874
  4. City & County of Denver v. BachSupreme Court of Colorado · 1933
  5. Cavender v. PhillipsNew Mexico Supreme Court · 1937

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