Clippinger v. Tuller
Supreme Court of Kansas
Error from Nemaha District Court. Clippinger, as plaintiff, filed his petition in the court below against Jay W. Tuller and Nathan Burnham.
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Error from Nemaha District Court. Clippinger, as plaintiff, filed his petition in the court below against Jay W. Tuller and Nathan Burnham. The body of said petition is as follows: “ The plaintiff complains of said Jay W. Tuller for that, on the 8th of January 1870, the said Tuller was in law and in fact the clerk of the said county of Nemaha, and as such clerk made, executed, and delivered to the said plaintiff a certain deed purporting to convey all the right, title and interest as such clerk in and to the W. J of the N.E.J of section 6, in township 4, of range 12, reciting in said deed…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
did, then it is clear that the clerk should have executed to . them a valid tax deed. (Gen. Stat., 1055, ch. 107, § 112.) And if he did not, they may compel him to do so by mandamus, whether he has formerly executed to them a void tax deed, or none at all. The owner of a valid tax-sale certificate to whom a tax deed fatally defective in form has been issued, may compel the county clerk by man-, „ • tax tieea.
*3822. Tax-saie cersignment. *381The questions involved in this case were raised in the court below on petition and demurrer. The demurrer…
2Cases cited4 opinions
- State ex rel. White v. WinnWisconsin Supreme Court · 1865
- Woodman v. ClappWisconsin Supreme Court · 1867
- Ferguson v. MilesIllinois Supreme Court · 1846
- Maxcy v. ClabaughIllinois Supreme Court · 1844
3Cited by6 opinions
- Tracy v. GunnSupreme Court of Kansas · 1883
- Baker v. LaneSupreme Court of Kansas · 1910
- Black v. JohnsonSupreme Court of Kansas · 1901
- Morris v. BirdSupreme Court of Kansas · 1905
- Prizer v. TaylorCourt of Appeals of Kansas · 1896
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