Legal Opinion

Buckner v. Wingard

Supreme Court of Kansas

Decided May 6, 1911No. 16,962PublishedCited by 5 opinions

Appeal from Sedgwick district court.

1Opinion of the Court

The opinion of the court was delivered by

Mason, J.:

The holder of the original title recovered in ejectment against one claiming under a tax deed, who appeals.

The tax deed was not introduced in evidence, but its execution was admitted. Nothing having been shown to the contrary, it must be presumed that it was regularly issued and valid in all respects. Of course a party relying upon a tax deed could not be permitted to testify that one had been issued to him, and thereby secure the benefit of the presumption of regularity, without subjecting'the instrument to objection for defects appearing…

2Cases cited3 opinions

  1. Coale v. CampbellSupreme Court of Kansas · 1897
  2. Stump v. BurnettSupreme Court of Kansas · 1903
  3. Nicholson v. HaleSupreme Court of Kansas · 1906

3Cited by5 opinions

  1. Banchor v. ProctorSupreme Court of Kansas · 1913
  2. Settle v. GlennSupreme Court of Kansas · 1938
  3. Main v. DotySupreme Court of Kansas · 1928
  4. Bank of Topeka v. SadlerSupreme Court of Kansas · 1913
  5. Collins v. CollinsSupreme Court of Kansas · 1938

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