Cabiness v. Bayne

This ease was reassigned to the writer on January 29,1953, under Bule 2.07. The plaintiff-appellant, Mrs. Kay A. Cabiness, sues to set aside and cancel a sheriff’s certificate of purchase and tax deed issued to the defendant-respondent J. E. Bayne, Jr. covering Lot 55, Eesurvey of Lots 906 to 1005, inclusive, Marlborough Heights, an addition to Kansas City, Jackson County. Both adversary parties assert superior title rights or equities in the lot, but under Sec. 140.600, E.S.Mo. 1949, T.A.M.S. [Sec; 11179, E.S.1939] each offers to refund the taxes thereon paid by the other, and both *1102invoke…