Andrew v. Reid

Citations

• 91 Kan. 135
• 136 P. 793
• 1913 Kan. LEXIS 349

Syllabus

<p>SYLLABUS'BY THE COURT.</p> <p>1. Ejectment — Tax Title — Possession of Owner of Fee — Sustained by the Evidence. A finding that the defendants, owners of the fee subject to the plaintiffs’ tax title, took actual possession of the land in controversy within four years after the tax deed was recorded, is sustained by the evidence referred to in the opinion.</p> <p>2. Ejectment — By Tax-title Holder — Barred by Two Years’ Statute of Limitations. The land was vacant and unoccupied when the tax deed was issued, and so remained until possession was taken by the defendant, as above stated, and this action of the plaintiff to recover possession under his tax deed, which was recorded October 8, 1902, was barred by the two years’ statute of limitations before April, 1911, when this action was commenced. (Civ. Code, § 15, subdiv. 3.)</p>