Banchor v. Proctor

Citations

• 88 Kan. 510
• 129 P. 526
• 1913 Kan. LEXIS 373

Syllabus

<p>SYHHABUS BY THE COURT.</p> <p>1. Quieting Tithe—As Between Holders of Separate Tax Deeds. In .an action by a tax-deed holder in possession- to quiet title against the holder of an elder tax deed who was out of possession, the defendant proved that an entry was made upon the land and actual possession was taken in his name within two years from the date upon which his tax deed was recorded. Held, that proof of antecedent authority on the part of the person taking possession for him was unnecessary and that the condition of the two-year statute of limitations was satisfied.</p> <p>2. - When Judgment is Conclusive as to Heirs. In the action referred to the plaintiff quieted his title against all the. heirs of the deceased holder of the original title. After-wards two of the heirs procured the judgment to be opened, showed defects in the plaintiff’s tax deed invalidating it as a conveyance, and asked for possession. They did not claim to be sole heirs and made no proof of the respective shares of their ancestor’s estate to which they were entitled. Held, the judgment quieting title was conclusive upon all the heirs who did not defend, and that, while the answering heirs were entitled to possession, they were only entitled to possession in common with the plaintiff. ' -</p> <p>3. Redemption—Tax Sale—Right to Redeem. Within five years from the time the holder of the second tax deed took possession'a grantee of the holder of the first tax deed brought an action to redeem. Possession had been taken under the-first deed, which was good on its face, within two years and the five-year statute of limitations had run in its favor against the original owner. Held, the plaintiff was an owner within the meaning of the statute providing that “any owner, his agent or attorney,” may redeem land sold for taxes.</p>