Board of County Commissioners v. Kerr

Citations

• 112 Kan. 463
• 211 P. 128
• 1922 Kan. LEXIS 469

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgment — Foreclosure of Tax Lien — Service by Publication — Application to Open up Judgment — Insufficient Application. In order to open a judgment, rendered on service by publication, foreclosing tax liens on real property under sections 11476-11482 of the General Statutes of 1915, the owner, who was not named as a party to the action but who was included in the description, “the unknown heirs, executors, administrators, devisees, trustees, successors, and assigns,” must, in his answer, allege a defense to the action. The^sheriff’s sale under such a judgment will not be set aside on the application of the owner unless he shows that before the sale he paid or tendered to the clerk or sheriff the amount of the tax lien as determined by the judgment, with interest on the amount of the lien, and apportioned costs.'</p>