Ennis v. Tucker
Supreme Court of Kansas
Error from Logan district court; James H. Reeder, judge. STATEMENT. ■ This is a suit to quiet title. Frank Tucker was in possession of the real estate in controversy,' claiming title thereto under a tax deed. On September 1, 1903, he commenced this suit in the district court of Logan county, making W. W. Drury, the original owner of the land, defendant. W. H. Wagner was the attorney for Tucker, and John B. Ennis represented the defendant.
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Error from Logan district court; James H. Reeder, judge. STATEMENT. ■ This is a suit to quiet title. Frank Tucker was in possession of the real estate in controversy,' claiming title thereto under a tax deed. On September 1, 1903, he commenced this suit in the district court of Logan county, making W. W. Drury, the original owner of the land, defendant. W. H. Wagner was the attorney for Tucker, and John B. Ennis represented the defendant. While the suit was pending, and on April 30, 1904, Ennis purchased the interest of his client in the land, obtaining a quitclaim deed therefor, which he…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The tax deed being void, the title of the parties to the land in controversy must depend upon their respective quitclaim deeds. Drury was the owner and conveyed the premises first to Ennis, and afterward to Wagner for Tucker. Upon this situation Ennis contends that Wagner, having taken a quitclaim ■deed, obtained thereby only such interest in the land as his grantor, Drury, held at the date of the conveyance, which was nothing, as the latter had previously *59conveyed it to Ennis. On the other hand Wagner insists that the public records showed…
2Cases cited6 opinions
- Johnson v. WilliamsSupreme Court of Kansas · 1887
- Lewis v. KirkSupreme Court of Kansas · 1882
- Lee v. BerminghamSupreme Court of Kansas · 1883
- Eger v. BrownSupreme Court of Kansas · 1908
- Merrill v. HutchinsonSupreme Court of Kansas · 1890
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3Cited by6 opinions
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- Owen Lumber Co. v. ChartrandSupreme Court of Kansas · 2000
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