Blair v. Craddock

Citations

• 87 Kan. 102
• 123 P. 862
• 1912 Kan. LEXIS 99

Syllabus

<p>SYLLABUS BY THE COURT..</p> <p>Quieting Title — Tax Deed — Ejectment—Patent Title — Limitation of Actions. A tax-deed holder in possession brought suit to quiet his title. While the action was pending, and before the tax deed was five years of record, the holder of the patent title brought an independent action of ejectment. After the tax deed was five years of record the two actions were consolidated. The holder of the patent title took leave to file an answer in lieu of his ejectment petition, in which he abandoned his claim for affirmative relief, contented himself with defending against the proceeding to quiet title, and asked merely to be discharged with costs. The tax-deed holder then dismissed at his own cost. Immediately after the dismissal the patent title holder was permitted to amend his answer by reasserting his cause of action for ejectment,, upon which he recovered. Held, that the filing of the amendment should not relate back to the commencement of the action so as to deprive the tax deed of the protection of the five-year statute of limitations; and that with this restriction placed upon the amendment, the court did right in allowing it to be filed, notwithstanding the dismissal.</p>