Stafford v. Lauver
Supreme Court of Kansas
Error from Miami District Court. Action to quiet title to certain land. Judgment for plaintiff, Lauver, at the February term, 1889. The defendant, Stafford, brings the case to this court. This tax deed is absolutely void on its face because no law was in force September 2, 1862, authorizing a sale of lands for taxes at the alleged time of sale mentioned.
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Error from Miami District Court. Action to quiet title to certain land. Judgment for plaintiff, Lauver, at the February term, 1889. The defendant, Stafford, brings the case to this court. This tax deed is absolutely void on its face because no law was in force September 2, 1862, authorizing a sale of lands for taxes at the alleged time of sale mentioned. The law then required sales to be made on the first Tuesday in May and next succeeding days, except in certain cases, none of which are shown to be applicable to this case. Comp. Laws of 1862, ch. 197, §§ 36, 70. The tax deed is also void on…
1Opinion of the Court
*694The opinion of the court was delivered by
Johnston, J.:
This was an action to quiet the title of a tract of land in Miami county in Henry Lauver as against the claim of Henry L. Stafford. Lauver founds his claim of title upon a tax sale made September 2, 1862, for the taxes of the preceding year. There being no purchasers, the land was bid off by the county treasurer in the name of Miami county. In 1869 a tax deed was executed by the county clerk to John Hindman, who conveyed the land to James McDermott on March 14, 1871. He in turn conveyed the land to Dennis O’Connell on March 1, 1877.…
2Cases cited3 opinions
- Hobson v. DuttonSupreme Court of Kansas · 1872
- Washington v. HospSupreme Court of Kansas · 1890
- Sanger v. RiceSupreme Court of Kansas · 1890
3Cited by2 opinions
- Kindley v. RogersSupreme Court of Kansas · 1911
- State ex rel. Smith v. WadeSupreme Court of Kansas · 1929