Legal Opinion

Branner v. Chapman

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 10 opinions

Error from Coffey District Cov/rt. The action in the court below was against Chapman and Crocker, the latter being sued as county clerk.

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Error from Coffey District Cov/rt. The action in the court below was against Chapman and Crocker, the latter being sued as county clerk. The petition alleges that Branner. is the owner of certain lands lying in Coffey county; that' Chapman was the agent of plaintiff to pay taxes on said lands, and while being and acting as such agent Chapman took certain tax-sale certificates on said lands in his (Chapman’s) own name to secure himself for certain moneys advanced by him for plaintiff; that Chapman now claims to own and hold said certificates in his own right, and threatens to take tax-deeds…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.;

This action was commenced in the district court of Coffey county by Benjamin Branner as plaintiff against C. B. Chapman and Allen Crocker, county clerk of Coffey county, as defendants. A summons was issued by the clerk of said court and directed to the sheriff of said Coffey county. The summons was served on Chapman alone, and it was served on him by a deputy-sheriff of Lyon county. No service of any summons was made on Crocker; and the deputy-sheriff of Lyon county had no authority to serve said summons on Chapman except such authority…

2Cited by10 opinions

  1. Green v. McMurtrySupreme Court of Kansas · 1878
  2. Sparks v. City Nat. Bank of LawtonSupreme Court of Oklahoma · 1908
  3. Thisler v. LittleSupreme Court of Kansas · 1912
  4. Bentz v. EubanksSupreme Court of Kansas · 1884
  5. Green v. GreenSupreme Court of Kansas · 1889

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