Caldwell v. Bigger

Citations

• 76 Kan. 49
• 90 P. 1095
• 1907 Kan. LEXIS 357

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quieting Title — Service by Publication — Description of the Land. In a suit to quiet title a notice by publication which describes the real estate by the lot and block numbers of an addition to a city according to the recorded plat thereof, which plat designates the land by its proper government subdivision, which has in fapt been of record for a number of years, which has been recognized by the city and the public generally, and which has been acted upon by the authorities for purposes of taxation, sufficiently identifies the property affected to give the court jurisdiction as against a defendant who, if he had desired, might have impeached the plat as invalid.</p> <p>2. Judgments — Collateral Attack. A judgment quieting the title of a tax-deed holder, rendered by a court having jurisdiction, cannot be impeached in a collateral action of ejectment, nor can the validity of the tax deed be relitigated in such an action, no matter how vulnerable it might have been if it had been properly assailed.</p> <p>3. Conveyances — Unrecorded Deed — Purchaser Pendente Lite. A party who ‘withholds a conveyance of real estate from record until ¿fter a suit to quiet title against his grantor has been commenced by a person who is ignorant of the existence of the deed is a purchaser pendente lite, and is bound by the judgment rendered in the action.</p> <p>4. Attorney and Client — Creation of the Relationship'. The relation of attorney and client can be created only by a contract of employment, express or implied.</p> <p>5. - Termination of the Relationship — Assignment of a Judgment. If a party to a suit assign the judgment in his favor to a stranger, so that his relation to the case ends, the relation of his attorney to the suit also ends, unless he be reemployed by the. assignee.</p> <p>6. -Purchase by Attorney at Execution Sale. An attorney for the owner of a judgment is not disqualified^ to purchase real estate sold on execution to satisfy th