Brice v. Sayler

Citations

• 82 Kan. 500
• 108 P. 815
• 1910 Kan. LEXIS 287

Syllabus

<p>SYLLABUS BY THE COURT. ■</p> <p>Quieting Title — Pleading—School Land — Invalid Forfeiture— Purchase by Holder of Defective Tax Deed — Parties Entitled to Complain. The state issued to a purchaser a certificate of purchase of school land. A forfeiture was attempted, and a certificate was issued to a second purchaser, but the forfeiture proceedings were void. The land was sold for taxes, a tax deed was issued, and the tax purchaser paid out the first school-land certificate and obtained a patent. The tax proceedings were defective. In an action by the patentee to quiet his title the two holders of school-land certificates set ■up their titles and asked for affirmative relief. Judgment was rendered for the patentee, and only the second certificate holder appealed. Held, it is no longer material whether the plaintiff proceeded under the statute or in equity, and the appellant can not complain of defects in the tax proceedings.</p>