Cable v. Coates
Supreme Court of Kansas
Error from Wyandotte District Court. On January 29, 1884, Kersey Coates, as assignee of the Mastín Bank, brought his action against Rufus E. Cable to recover the immediate possession of a parcel of land situate in Wyandotte city, and containing one-sixth of an acre. The defendant filed an answer, setting up, among other things, a tax deed issued to him on September 5,1881. Trial was had December 27, 1884, before the court, a jury being waived.
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Error from Wyandotte District Court. On January 29, 1884, Kersey Coates, as assignee of the Mastín Bank, brought his action against Rufus E. Cable to recover the immediate possession of a parcel of land situate in Wyandotte city, and containing one-sixth of an acre. The defendant filed an answer, setting up, among other things, a tax deed issued to him on September 5,1881. Trial was had December 27, 1884, before the court, a jury being waived. The court took the case under advisement, and on January 29,1885, made the following findings of fact: “1st. The plaintiff is the owner, has a legal…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The defendant below, (plaintiff in error,) claimed upon the trial the land in controversy, under a tax deed issued to him September 5, 1881. The date of the tax sale was September 4, 1878. The redemption notice and list, which were published, stated the land was to be redeemed on or before September 5, 1881.
It was decided in English v. Williamson, 34 Kas. 212, that where real estate has been sold for taxes, the owner has, under any circumstances, at least three years’ time from the day of sale, and any time before the execution of the tax…
2Cases cited1 opinion
- English v. WilliamsonSupreme Court of Kansas · 1885
3Cited by5 opinions
- Styles v. DickeyNorth Dakota Supreme Court · 1912
- Rogers v. CoatesSupreme Court of Kansas · 1888
- Hicks v. NelsonSupreme Court of Kansas · 1891
- Pierce v. AdamsSupreme Court of Kansas · 1908
- Flickinger v. CornwellSouth Dakota Supreme Court · 1908