Goodrow v. Stober
Supreme Court of Kansas
Error from Graham district court; Charles W. Smith, judge. STATEMENT. THIS is an action of ejectment. It was commenced in the district court of Graham county by W. W. Good-row, against G. W. Stober, to recover the possession of a part of a lot in the town of Fremont, now called Morland. Judgment was rendered in favor of the defendant, and the plaintiff prosecutes error.
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Error from Graham district court; Charles W. Smith, judge. STATEMENT. THIS is an action of ejectment. It was commenced in the district court of Graham county by W. W. Good-row, against G. W. Stober, to recover the possession of a part of a lot in the town of Fremont, now called Morland. Judgment was rendered in favor of the defendant, and the plaintiff prosecutes error. The facts involved in the controversy are substantially as follow: In 1890 the town of Fremont was platted as a government town site, upon land entered by the probate judge for that purpose. The plat was duly filed and has…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The contention in this case is that the lot in controversy, having been designated upon the recorded plat as a part of the town of Fremont, can not be described in any other manner. It is urged that the attempt to locate it in a, town having another name amounts to nothing, imposes no burden upon the land, and a tax deed founded upon such a proceeding does not constitute a conveyance; in other words, the tax deed in controversy, because of this misdescription, is void. No other defect is urged against the deed.
The land was taxable; the tax…
2Cases cited3 opinions
- Board of Commissioners v. JohnsonSupreme Court of Kansas · 1880
- Douglass v. ByersSupreme Court of Kansas · 1904
- Knote v. CaldwellSupreme Court of Kansas · 1890