Beeler v. Elwell

Citations

• 92 Kan. 586
• 141 P. 551
• 1914 Kan. LEXIS 285

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Estoppel — Of a Tenant to Dispute His Landlord’s Title. The estoppel of a tenant to dispute his landlord’s title ordinarily extends to those matters only which affect relations growing out of the tenancy, and an action to quiet title may be prosecuted by the landlord and defended by the tenant having for its purpose the adjudication of claims respecting the ultimate title.</p> <p>2. Sheriff’s Deed — Not Open to Collateral Attack for Irregularities. In an action to quiet title resting upon a sheriff’s deed the plaintiff does not expose the deed to collateral attack for irregularities in the proceedings on which it is based as if it were a tax deed, and it is not permissible for the defendant to show that the judgment in the action resulting in the sheriff’s deed rests upon a summons served two days after the return day and was taken prematurely.</p> <p>3. Tax Deed — Valid on Its Face — On Record for Seventeen Years ■ — Actual Possession — Title May be Quieted. By virtue of a tax deed, valid on its face and duly recorded, and sections 266 and 272 (Gen. Stat. 1909, §§ 9479, 9485) of the taxation act, the plaintiff and his predecessors in interest have been for seventeen years in a situation equivalent to that of claimants of title in fee simple in actual possession. The plaintiff has also been in actual possession for a number of years. Held, ■ his title may be quieted against the owner whose title was cut off by the tax deed and failure to take steps to recover the land, although there were irregularities in the proceedings on which the tax deed is founded.</p>