McDonough v. Merten
Supreme Court of Kansas
Error from Clay District Court. This was an action in the nature of ejectment, commenced on December 26, 1887, by Patrick McDonough against H. H. Merten, to recover the southwest quarter of section 6, in township 9, of range 3 east of the sixth principal meridian, in Clay county, in this state. The defendant answered with a general denial. The first trial was had on the 19th day of June, 1889, and judgment was rendered in favor of the defendant.
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Error from Clay District Court. This was an action in the nature of ejectment, commenced on December 26, 1887, by Patrick McDonough against H. H. Merten, to recover the southwest quarter of section 6, in township 9, of range 3 east of the sixth principal meridian, in Clay county, in this state. The defendant answered with a general denial. The first trial was had on the 19th day of June, 1889, and judgment was rendered in favor of the defendant. JThe plaintiff demanded another trial, which was granted, and the cause was again tried at the November term of the court for 1889, and on the 5th…
1Opinion of the Court
The opinion of the court was delivered by
HobtoN, C. J.:
The only question involved is as to the validity of the tax deed introduced upon the trial against objections of the plaintiff. The serious defect complained of is in the recital of the sale, which is as follows:
“And whereas, at the place aforesaid, John R. Taylor, of the county of Clay and state of Kansas, having offered to pay the sum of $34.26, being the whole amount of taxes, interest *124and costs then due and remaining unpaid on said property, for year 1872, which was the least quantity bid for.”
The statutory form covering that portion…
2Cases cited2 opinions
- Dodge v. EmmonsSupreme Court of Kansas · 1886
- Norton v. FriendSupreme Court of Kansas · 1874
3Cited by7 opinions
- Reitz v. CooperSupreme Court of Kansas · 1927
- Lines v. DiggesSupreme Court of Colorado · 1908
- Gibson v. HammerburgSupreme Court of Kansas · 1905
- Gibson v. ShinerSupreme Court of Kansas · 1906
- Ditmers v. RogersSupreme Court of Kansas · 1917
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