Hilligas v. Kuns

This is an action for damages. Plaintiff prevailed, and defendant appeals.

The facts underlying this case are that in 1899, defendant owned a half section of unimproved, unoccupied land in Deuel county of hut little value. In that year he sold and conveyed the land by warranty deed to a Mr. Jones, and Jones sold and conveyed it to plaintiff, who resided in Lincoln county. The deeds were not recorded, and the land remained unoccupied, except as strangers to the title pastured cattle thereon. In 1906 the treasurer of Deuel county, Mr. Roudebush, noticed that taxes levied upon the land for many…