Noble v. Cain
Supreme Court of Kansas
Error from Doniphan District Court. Action brought by a landlord, to dispossess a tenant for failure to pay rent for leased premises. The defendant filed an answer, setting up title in himself to the property, under a tax deed acquired after the lease. The case was commenced on February 27,1878, before a justice of the peace, and taken to the district court of Doniphan county. It was tried at the March Term of that court for 1879, a jury being waived.
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Error from Doniphan District Court. Action brought by a landlord, to dispossess a tenant for failure to pay rent for leased premises. The defendant filed an answer, setting up title in himself to the property, under a tax deed acquired after the lease. The case was commenced on February 27,1878, before a justice of the peace, and taken to the district court of Doniphan county. It was tried at the March Term of that court for 1879, a jury being waived. The court found the following conclusions of fact: That on April 1, 1874, the plaintiff was the owner of lots 10,11 and 12, in block 47, in the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
In the case of Morrill v. Douglass, 14 Kas. 293, it was decided that the property which cannot be sold to individuals at a tax sale, and is therefore struck off to the county, does not become thereby, like ordinary property of the county, subject to the control of the commissioners, and that, in the absence of any statute giving such authority, the county commissioners are not authorized to contract for the *497transfer and assignment of tax-sale certificates for lands struck off to the county at prior tax sales; and a contract therefor is…
2Cases cited4 opinions
- Board of County Commissioners v. CarterSupreme Court of Kansas · 1863
- Morrill v. DouglassSupreme Court of Kansas · 1875
- City of Eureka v. DavisSupreme Court of Arkansas · 1879
- Hartford Fire Ins. v. StateSupreme Court of Kansas · 1872
3Cited by3 opinions
- Mack v. PriceSupreme Court of Kansas · 1886
- Douglass v. LowellSupreme Court of Kansas · 1899
- Wilks v. DeHartSupreme Court of Kansas · 1908