Canaday v. Davis

Citations

• 79 Kan. 816
• 101 P. 626
• 1909 Kan. LEXIS 287

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation op Actions—Suit to Defeat a Tax Title—Commencement of -Action—Publication Service. Within the meaning of the section of the act relating to taxation requiring a suit to defeat a tax title to be commenced within five years from the time of recording the deed (Gen. Stat. 1901, § 7680), an action against a non-resident who is outside of the state is to be deemed begun where the plaintiff, without causing a summons to be issued, has filed his petition and affidavit for publication and caused a suitable notice to be delivered to the publisher- of the only newspaper printed in the county, with directions for its insertion in the next issue thereof, provided such directions are carried out and a proper publication results.</p> <p>2. - Attempt to Commence an Action. If section 20 of the code of civil procedure, providing that an action shall be deemed commenced at the date of the first publication, applies to such a case, the steps stated in the foregoing paragraph must be regarded as constituting an attempt to begin it within the meaning of the further provision of the same section that “an attempt to commence an action shall be deemed equivalent to the commencement thereof . . . when the party faithfully, properly and diligently endeavors .to procure a service.</p>