Legal Opinion · Dissent

Magnolia Petroleum Co. v. Moyle

Supreme Court of Kansas

Decided January 26, 1946No. 36,458Published

1DissentHoch, J.

I dissent on the fundamental grounds that since the taxes on appellee’s real estate — an ownership of minerals in place — were at no time delinquent the county and consequently the court had no jurisdiction of the subject matter, as far as such ownership was concerned, and hence could not make a valid order of sale. The result of this decision is that real estate in this state owned by k nonresident may be erroneously bid in for “delinquent” taxes and subsequently sold at foreclosure sale- — - all without the owner’s actual knowledge — even though the taxes have at all times been paid and are…

2Cases cited10 opinions

  1. Richards v. ShearerSupreme Court of Kansas · 1937
  2. Shaffer v. Kansas Farmers Union Royalty Co.Supreme Court of Kansas · 1937
  3. J. R. Crowe Coal & Mining Co. v. AtkinsonSupreme Court of Kansas · 1911
  4. Cunningham v. BlytheSupreme Court of Kansas · 1942
  5. Board of County Commissioners v. RadleySupreme Court of Kansas · 1932

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