Allison v. Whitaker

Citations

• 81 Kan. 706
• 106 P. 1050
• 1910 Kan. LEXIS 417

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgments — Validity—Publication Service — Misdescription of Land in Affidavit and Notice. In an action to .quiet title the land was properly described in the petition as the southwest quarter of section 25, in township 21 south, of range 37 west. The defendant was summoned by publication. In the affidavit and published notice the land was erroneously described as the southwest quarter of section 24, in township 21 south, of range 37 west. The defendant did not appear. A decree was entered as prayed for. More than three years afterward a purchaser from the defendant filed a motion to vacate and set aside the judgment as void. The sole ground of the motion was the error in the description of the land. The motion was sustained. Held, error.</p>