Buckner v. Wingard

Citations

• 84 Kan. 682
• 115 P. 636
• 1911 Kan. LEXIS 398

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deeds — Admission—Presumption. An admission that a tax deed was issued implies, in the absence of any showing to the contrary, that the deed was regularly issued and valid in all respects.</p> <p>2. -Admission No Basis for Presumption. An admission by a party claiming under a tax deed that his adversary is the owner of the original government title does not imply that the original title has not been extinguished by the tax deed.</p> <p>■3. Limitation of Actions — Possession of Tax-title Holder. ■ Where the holder of a valid tax deed, before the two-year statute of limitations has barred his right to recover possession under it, obtains the actual and peaceable possession of the land conveyed, the requirement of such statute is satisfied, and if he thereafter loses possession his right to recover it endures until it is barred by the general statute of limitations.</p> <p>4. Title and Ownership — Possession through Tenant — Right of Intervening Tax-title Holder. Where the original owner of the land leases it from year to year to a tenant who uses it for raising crops, the holder of a tax title good upon its face can not by taking possession between the harvesting of one crop and the putting in of another acquire the right to invoke the five-year statute of limitations and thereby prevent the showing of latent defects in his deed.</p> <p>5. - Adverse Claimants — No Rights either Gained or Lost by Mere Physical Possession. Where there has been an actual occupation after the issuance of a tax deed, by the original owner or by the holder of the tax title, the opposing claimant by gaining possession before the statute of limitations has barred his right can stay its operation against himself; but he can not by merely getting a physical possession and compelling the former occupant to take the offensive either gain a right to the protection of the statute of limitations himself or deprive his adversary of such a right.</p>