Spicer v. Howe
Supreme Court of Kansas
Error from, Lyon Listriot Court. Ejectment, brought by Harriet N. Spioer to recover from Sarah C. Howe the east sixty acres of the northwest quarter of section 4, township 19, range 10, situated in the county of Lyon.
Read the full summary
Error from, Lyon Listriot Court. Ejectment, brought by Harriet N. Spioer to recover from Sarah C. Howe the east sixty acres of the northwest quarter of section 4, township 19, range 10, situated in the county of Lyon. Plaintiff claimed title through a tax deed executed and recorded February 16,1874, based on a tax sale made on May 3, 1870, for the delinquent taxes of 1869. Defendant claimed title and right of possession of the land by virtue of a tax deed from Lyon county to E. M. Forde, executed and recorded September 5,1881, based upon the sale of September, 1878, for the taxes of 1877; a…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The first and controlling question in the case is in regard to the validity of the tax deed under which the plaintiff claims title to the land in controversy. The district court determined that it was void upon its face as a conveyance of the real property sought to be recovered; and an examination of the instrument leads us to the same conclusion. The recitals of the deed include the descriptions of twenty-eight- distinct parcels of real estate. In the opening clause of the instrument it is recited that all of these tracts and parcels…
2Cases cited3 opinions
- Dodge v. EmmonsSupreme Court of Kansas · 1886
- Magill v. MartinSupreme Court of Kansas · 1874
- Norton v. FriendSupreme Court of Kansas · 1874
3Cited by10 opinions
- Weeks v. MerkleSupreme Court of Oklahoma · 1898
- Gibson v. KuefferSupreme Court of Kansas · 1904
- Taylor v. ShawNew Mexico Supreme Court · 1944
- Edwards v. SimsSupreme Court of Kansas · 1888
- Cartwright v. KormanSupreme Court of Kansas · 1891
5 more not listed; retrieve them via the Exa API.