Fox v. Cross
Supreme Court of Kansas
Error from Lyon District Court. This was an action of ejectment, brought by H. C. Cross against I. D. Fox, in the district court of Lyon county, to recover the possession of lot Nó. 54, on Congress street, in th,e city of Emporia.
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Error from Lyon District Court. This was an action of ejectment, brought by H. C. Cross against I. D. Fox, in the district court of Lyon county, to recover the possession of lot Nó. 54, on Congress street, in th,e city of Emporia. The petition was filed on September 9, 1885, and was in-the usual form for ejectment, and contained the usual allegations; while the answer was filed on October 5, of the same year, and was a general denial, except that the possession of the defendant was admitted. The first trial occurred October 6, 1885, and resulted in a judgment for the defendant, which judgment…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
One of the objections taken to the tax deed under which the plaintiff in error claims, and probably the most serious one, is that the lot attempted to be conveyed was sold for that which was not a tax or charge against it. There was included in the amount for which the lot was sold a charge of ten cents for publishing the delinquent tax list and notice of sale, and it is claimed that this was in excess of the amount due upon the lot at the time it was sold. The last publication of the delinquent tax list and notice was made on the 31st day…
2Cases cited2 opinions
- State ex rel. Bradford v. CrossSupreme Court of Kansas · 1888
- Genthner v. LewisSupreme Court of Kansas · 1880
3Cited by10 opinions
- Davenport v. DoyleSupreme Court of Oklahoma · 1916
- Olsen v. BagleyUtah Supreme Court · 1894
- Pearcy v. WilliamsSupreme Court of Kansas · 1947
- Douglass v. WalkerSupreme Court of Kansas · 1896
- Blanchard v. HatcherSupreme Court of Kansas · 1888
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