Challiss v. Hekelnkæmper
Supreme Court of Kansas
Error from Atchison District Court. Action by Challiss to set aside a tax deed, and remove a cloud upon his title. The action was heard and decided by the district court at the November Term 1873. The facts and proceedings fully appear in the opinion, infra. 1. The tax deed was void on its face, but was nevertheless a cloud upon the title; Dmn v. City of Madison, 9 Wis., 402. It shows that two distinct parcels were assessed and valued, and taxed as one tract.
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Error from Atchison District Court. Action by Challiss to set aside a tax deed, and remove a cloud upon his title. The action was heard and decided by the district court at the November Term 1873. The facts and proceedings fully appear in the opinion, infra. 1. The tax deed was void on its face, but was nevertheless a cloud upon the title; Dmn v. City of Madison, 9 Wis., 402. It shows that two distinct parcels were assessed and valued, and taxed as one tract. Each parcel must be separately assessed; (§32 of tax law.) Here these two parcels had been separate since the plat was filed in 1868,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*476statement of case. *475This was an action to set aside a tax deed and remove the cloud on plaintiff’s title arising therefrom. *476The court made a conditional decree, that upon payment by the plaintiff of $201.47 the defendant should be barred from setting up any claim under said tax deed, and that each party should pay half the costs. Plaintiff excepted to this decree, or to so much as required payment of $201.47 and half the costs, but tendered judgment for $70, and now aslrs that the ruling of the district court be modified to that extent. Of…
2Cases cited1 opinion
- City of Ottawa v. BarneySupreme Court of Kansas · 1872
3Cited by8 opinions
- Spiech v. TierneyNebraska Supreme Court · 1898
- Smith v. SmithSupreme Court of Kansas · 1875
- Wagner v. UnderhillSupreme Court of Kansas · 1905
- Bruce v. McBeeSupreme Court of Kansas · 1880
- Miller v. City of LincolnNebraska Supreme Court · 1913
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