Legal Opinion

Guittard Tp. v. Com'rs Marshall Co.

Supreme Court of Kansas

Decided April 15, 1868PublishedCited by 7 opinions

Error from Marshall County. The subjoined opinion contains a statement of the facts of the case. made the following points: The county is bound to collect the taxes for the townships, and if it has done any act to prevent the payment thereof, becomes liable therefor. The taking of tax deeds is such preventive. A large amount of these deeded lands have been sold, the money paid into the treasury, and the account made to the townships thereof.

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Error from Marshall County. The subjoined opinion contains a statement of the facts of the case. made the following points: The county is bound to collect the taxes for the townships, and if it has done any act to prevent the payment thereof, becomes liable therefor. The taking of tax deeds is such preventive. A large amount of these deeded lands have been sold, the money paid into the treasury, and the account made to the townships thereof. There is no law authorizing the deeding to a county of lands sold for taxes. If a county is liable, where they omit to do an act enjoined upon them by…

1Opinion of the Court

By the Court,

Safford, J.

The record shows that the plaintiff, one of the townships in the county of Marshall, brought an action against the defendants, to recover from said Marshall county a certain sum of money, claimed to be due to said township from the county, on account of certain township and road taxes for the years 1860 to 1865, inclusive. It is also shown that the lands on which these taxes were claimed to be due were bid off for the county, at the tax sales of 1862 and 1863, and certificates of sale issued to the county therefor.

It is further shown that the lands so bid off were *393final…

2Cited by7 opinions

  1. Comm'rs of Wabaunsee Co. v. WalkerSupreme Court of Kansas · 1871
  2. Reckitt v. KnightSouth Dakota Supreme Court · 1902
  3. Magill v. MartinSupreme Court of Kansas · 1874
  4. City of Anthony v. CutlerSupreme Court of Kansas · 1923
  5. Briscoe v. Board of Comm'rs of Ellsworth Co.Supreme Court of Kansas · 1880

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