Alison v. Harper

Citations

• 104 Kan. 497
• 180 P. 449
• 1919 Kan. LEXIS 299

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quieting Title — Void Tax Deed — Judgment—Tax Lien Allowed — Appeal — Estoppel. In an action to quiet title, where plaintiffs’ title was-, based upon a void tax deed, the defendant answered alleging the invalidity of the tax deed and asking to be dismissed with costs, but', afterwards enlarged the issues and, on the trial, introduced evidence-to establish his own title. The court adjudged him to be the owner of the land, but allowed the plaintiffs a lien for taxes paid. Held, that the defendant, without appealing from the judgment in his own favor, cannot accept the benefits of that part of the judgment and .question the authority of the court to allow a lien for the taxes, on the sole ground that the action was an equitable one..</p> <p>2. Void Tax Deed — Failure to Record within Six Months — Not Validated by Curative Statute. A tax deed which has become void because of the failure to file it for record until more than six months after it was. executed, is not made valid by the curative act (Gen. Stat. 1915, § 2084) which provides that when any instrument of writing shall have been-recorded for the period of ten years, and there is a defect, because the instrument is not acknowledged, or because of any defect in the execution, acknowledgment, recording, or certificate of recording the same, such instrument shall, from and after the expiration of ten years from the filing thereof for record, be valid as though such instrument had, in the first instance, been in all respects duly executed, acknowledged, and certified.</p>