Walker v. Fleming
Supreme Court of Kansas
Error from Jackson District Court. Action by Augustus A. Fleming against A. D. Walker and James H. Lowell, to recover damages for the breach of covenants in a certain deed executed by defendants to plaintiff.
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Error from Jackson District Court. Action by Augustus A. Fleming against A. D. Walker and James H. Lowell, to recover damages for the breach of covenants in a certain deed executed by defendants to plaintiff. His petition is as follows (court and title omitted): ■ “Plaintiff avers that on the 5th day of March, 1879, the defendants, together with Annie E. Walker, wife of said A. D. Walker, and Kate M. Lowell, wife of said James H. Lowell, by deed in writing of that date duly executed, acknowledged and delivered, (a copy of which is .hereto attached, marked ‘Exhibit A/ and made a part hereof,)…
1Opinion of the Court
Opinion by
Clogston, C.:
2. Cause of action, determined by the facts stated.
The plaintiff in error contends that the petition does not state facts sufficient to constitute a cause of action: first, for the reason that, if at the time of making the deed there was a tax lien against the land conveyed, as is alleged, then the covenant was broken as soon as the deed was made, and the lien, as alleged, after making said deed, was merged into a tax deed; second, because no action was brought by the tax-title holder within two years after taking out a tax deed; third, that the tax-title was barred by…
2Cases cited1 opinion
- Reed v. ArnoldSupreme Court of Kansas · 1872
3Cited by25 opinions
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- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- Eagan v. MurraySupreme Court of Kansas · 1918
- Livingston v. LewisSupreme Court of Kansas · 1921
- Hughes v. Board of Com'rs of Oklahoma CountySupreme Court of Oklahoma · 1915
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