Patterson v. Carruth
Supreme Court of Kansas
Error from Miami District Court. Ejectment, brought by Patterson, to recover the possession of a quarter-section of land in Miami county. Patterson claimed title and right of possession. Carruth answered, claiming title in himself, and setting' up such claim under a tax deed issued on the 7th of December 1863, by the county clerk of Miami county, upon a tax-sale of said lands made on the 3d of September 1860 for unpaid taxes of 1859. Reply, general denial.
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Error from Miami District Court. Ejectment, brought by Patterson, to recover the possession of a quarter-section of land in Miami county. Patterson claimed title and right of possession. Carruth answered, claiming title in himself, and setting' up such claim under a tax deed issued on the 7th of December 1863, by the county clerk of Miami county, upon a tax-sale of said lands made on the 3d of September 1860 for unpaid taxes of 1859. Reply, general denial. The second trial was had at the September Term 1873 of the district court, (J. B. S., judge pro tern. presiding.) The plaintiff having,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The only question in this case is as.to the validity of a tax deed; and the one single objection to the deed is, that it shows upon its face that the sale was made at a time not authorized by law. Of course, if this be the case, the deed was void, and under the circumstances appearing in the record would not start the statute of limitations to running. (Entrekin v. Chambers, 11 Kas., 368.) The sale in this case *496was for taxes of 1859, and was piade on the third day of September, 1860. The deed recites that the sale was begun and publicly held…
2Cases cited1 opinion
- Entrekin v. ChambersSupreme Court of Kansas · 1873
3Cited by5 opinions
- Harris v. CurranSupreme Court of Kansas · 1884
- City & County of Denver v. BachSupreme Court of Colorado · 1933
- Morrill v. DouglassSupreme Court of Kansas · 1876
- Clarke v. TildenSupreme Court of Kansas · 1906
- Jordan v. KyleSupreme Court of Kansas · 1882