Haynes v. Heller
Supreme Court of Kansas
Error from Shawnee District Court. Ejectment, brought by Heller, against William M. Haynes and George W. Donnell, to recover the possession of “Lot 241, Kansas avenue, in the city of Topeka, Shawnee county.” It is admitted that Heller had a regular chain of title to said real estate from the government to himself.
Read the full summary
Error from Shawnee District Court. Ejectment, brought by Heller, against William M. Haynes and George W. Donnell, to recover the possession of “Lot 241, Kansas avenue, in the city of Topeka, Shawnee county.” It is admitted that Heller had a regular chain of title to said real estate from the government to himself. It is also admitted that Haynes and Donnell had a regular chain of title to said lot from one M. L. Johnson, who received from the county of Shawnee a tax-deed of and for said lot, issued under a tax-sale in 1864 for unpaid taxes of 1863, said deed being dated August 13th, 1866, and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This case turns on the validity of a tax-deed. The sale was in 1864 for the taxes of 1863. The deed was made in 1866, and had been of record more than two years prior to the commencement of this suit. Three objections are *390made to this deed: First, an insufficiency in the description of the property sold and conveyed; second, the omission of the words “time and,” from that part which recites the offer of the purchaser; and, third, that the tax law itself was never passed in a constitutional manner. Of these in their order:
I. A full…
2Cases cited1 opinion
- Park v. TinkhamSupreme Court of Kansas · 1872
3Cited by14 opinions
- Dodge v. EmmonsSupreme Court of Kansas · 1886
- Roth v. GabbertSupreme Court of Missouri · 1894
- Mack v. PriceSupreme Court of Kansas · 1886
- Bell v. DiesemSupreme Court of Kansas · 1912
- Baughman v. HarveySupreme Court of Kansas · 1907
9 more not listed; retrieve them via the Exa API.