Waterson v. Devoe
Supreme Court of Kansas
Error from Marshall District Court. Ejectment, for the E. J of N.E.J, the N.W.J of N.E. J, and N.E. J of S.E. J of section 30, township 2, range 7 — 160 acres of land lying in Marshall county. Devoe, plaintiff claimed as patentee. Defendant Waterson claimed under a tax deed issued to him and duly recorded in 1865, for taxes assessed in 1862. Action commenced in the spring of 1874. Second trial at November Term 1874, and judgment in favor of plaintiff.
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Error from Marshall District Court. Ejectment, for the E. J of N.E.J, the N.W.J of N.E. J, and N.E. J of S.E. J of section 30, township 2, range 7 — 160 acres of land lying in Marshall county. Devoe, plaintiff claimed as patentee. Defendant Waterson claimed under a tax deed issued to him and duly recorded in 1865, for taxes assessed in 1862. Action commenced in the spring of 1874. Second trial at November Term 1874, and judgment in favor of plaintiff. Defendant Waterson brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
*225statement of the case. *224Action of ejectment by Devoe against Waterson. Defense, tax deed, and possession thereunder for more than two years after the date of the recording of the tax deed. Reply, that the tax deed was void upon its' face, and that as Waterson was the mortgagee of Devoe, and had foreclosed his mortgage prior to the purchase of the tax cer*225tificate, he was under such obligation to pay the taxes as to be precluded from acquiring and holding a tax deed against his mortgagor. .The cause was tried to the court, a jury being…
Also in this document: Concurrence.
2Cases cited17 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Edgerton v. BirdWisconsin Supreme Court · 1858
- Moore v. BrownSupreme Court of the United States · 1851
- Sprecker v. WakeleyWisconsin Supreme Court · 1860
- Chickering v. FailesIllinois Supreme Court · 1861
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3Cited by36 opinions
- Sandlin v. BarkerSupreme Court of Oklahoma · 1923
- Keller v. HawkSupreme Court of Oklahoma · 1907
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Lowenstein v. SextonSupreme Court of Oklahoma · 1907
- Spratt v. PriceSupreme Court of Florida · 1881
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