Mack v. Price
Supreme Court of Kansas
Error from Atohison District Court. Action brought July 28, 1883, by John M. Price against William Mach, for the recovery of the immediate possession of lots 12 and 13, in block 27, North Atchison, Atchison city. .The defendant answered, admitting possession' and' claiming title in himself under a tax deed of December 7, 1869. Trial had at the November Term, 1884, by the court.
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Error from Atohison District Court. Action brought July 28, 1883, by John M. Price against William Mach, for the recovery of the immediate possession of lots 12 and 13, in block 27, North Atchison, Atchison city. .The defendant answered, admitting possession' and' claiming title in himself under a tax deed of December 7, 1869. Trial had at the November Term, 1884, by the court. The court made the following findings of fact: “1. At the commencement of this action, the plaintiff was the owner in fee simple of the real property in controversy, to wit, lots 12 and 13, block 27, North Atchison, an…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
John M. Price is the owner of the patent title to the lots in controversy. These lots were subject to taxation for the year of 1862, and were sold for delinquent taxes, May 15, 1863, and bid in by the treasurer of Atchison county; the certificate of sale was assigned by the county clerk of said county, August 10,1869, to William Mack, and a deed issued to him for the lots on December 7, 1869, which was recorded May 25, 1871. In 1870, Mack took actual possession of the lots, and has ever since occupied them as a homestead for himself and…
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