Legal Opinion

Hoffman v. Groll

Supreme Court of Kansas

Decided July 15, 1886PublishedCited by 2 opinions

Error from Anderson District Court. Action begun by 8. J. Groll, to recover upon a promissory note and to foreclose a mortgage given upon a tract of land in Anderson county to secure the payment of the note.

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Error from Anderson District Court. Action begun by 8. J. Groll, to recover upon a promissory note and to foreclose a mortgage given upon a tract of land in Anderson county to secure the payment of the note. J. J. Hoffman, one of the defendants, claimed to have acquired title to the land by tax proceedings, and that the mortgage lien had been extinguished by virtue of a tax deed executed by the county clerk of Anderson county, on the 4th day of November, 1884. Belinda A. Poster, another of the defendants, claimed an interest in the same land through a mortgage executed on the 15th day of…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The makers of the note and mortgage upon which this action was brought, have made no defense. J. J. Hoffman, who was made a defendant in the action, claimed under a tax deed, which, if valid, would extinguish the mortgage lien, and vest the absolute title to the land in himself. The mortgaged land was subject to taxation in 1873, and the taxes not being paid, it was offered for sale in 1874, and there being no bidders, it was struck off to the county. The subsequent taxes, for the years 1882 to 1884 inclusive, were not paid, but were…

2Cases cited2 opinions

  1. Corbin v. YoungSupreme Court of Kansas · 1880
  2. Hafey v. BronsonSupreme Court of Kansas · 1885

3Cited by2 opinions

  1. Nesbit v. BearmanSupreme Court of Kansas · 1910
  2. Ogden City v. HamerUtah Supreme Court · 1895

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