Buehler v. Teetor

Citations

• 84 Kan. 281
• 114 P. 387
• 1911 Kan. LEXIS 318

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statute of Limitations — Affirmative Relief — Tax-title Holder Wrongfully Dispossessed. When one, without claim of title, occupies and uses land theretofore vacant and unoccupied, as the property of the holder of a tax title thereon, with the knowledge and consent of such tax-title holder, and in subordination to his title, and the tax deed is valid upon its face and has been of record for more than five years, the holder of the tax title is held to be in actual possession, and may maintain an action of ejectment against a party who wrongfully dispossesses him.</p> <p>2. - Tax Deed Valid on its Face. In the circumstances • stated in the foregoing paragraph a party who has so dispossessed the owner of the tax title, although holding under the original patent title, can not avail himself of infirmities in the tax deed, not appearing upon its face, to defend an action of ejectment brought by the folder of the tax title.</p>