Legal Opinion

Miller v. Ziegler

Supreme Court of Kansas

Decided January 15, 1884PublishedCited by 4 opinions

Error from Montgomery District Court. Action by Miller against Ziegler and two others, to enjoin the county clerk of Montgomery county from making, and the other defendants from receiving, a tax deed to certain lots in the city of Independence.

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Error from Montgomery District Court. Action by Miller against Ziegler and two others, to enjoin the county clerk of Montgomery county from making, and the other defendants from receiving, a tax deed to certain lots in the city of Independence. Trial by the court at the December Term, 1882, when the court made certain findings of fact, and thereon adjudged that — ' “Certain tax certificates were legally and properly issued to said Ziegler, and that by virtue thereof he acquired a valid lien upon said lots 8 and 9, block 54, for the amount therein specified; and that upon the purchase thereof…

1Opinion of the Court

The opinion of the court was delivered by

Hokton, C. J.:

This was an action by the plaintiff against the defendants, to enjoin the county clerk of Montgomery county from making, and the other defendants from receiving, a tax deed to lots 8 and 9, in block 54, in the city of Independence. The facts are as follows: Prior to July 16, 1877, Peter Scott and wife, the owners of said lots 8 and 9, executed a mortgage to William P. Turner, to secure $1,500 and interest, intending to describe therein the said premises. There was however a misdescription in the mortgage. This mortgage was afterward…

2Cases cited6 opinions

  1. Gatton v. TolleySupreme Court of Kansas · 1879
  2. Cartwright v. McFaddenSupreme Court of Kansas · 1881
  3. Pritchard v. MadrenSupreme Court of Kansas · 1880
  4. Challiss v. Board of Comm'rsSupreme Court of Kansas · 1875
  5. Wilder v. CockshuttSupreme Court of Kansas · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
  2. McLaughlin v. AcomSupreme Court of Kansas · 1897
  3. Witschy v. SeamanSupreme Court of Kansas · 1911
  4. Harrell v. SurfaceMissouri Court of Appeals · 1942

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