City of Dunlap v. Waters

Citations

• 99 Kan. 257
• 161 P. 641

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City- — Purchase of Leased Premises — Attornment by Tenant — Competent Evidence. The city purchased real estate occupied by a Young Men’s Christian Association as tenant of the former owner. The secretary of the Young Men’s Christian Assocation, who was also a member of the city council, testified that the Young Men’s Christian Association leased the property from the city, that he presented the matter to the council for the Young Men’s Christian Association, and that the council made a record of it. The terms of the tenancy were not material or in dispute. Held, the fact of attornment and of tenancy under the new owner could be proved in this way, without production of the record of the city council’s proceedings.</p> <p>2. Trial — ■Material Fact — Established by Secondary Evidence — Best Evidence Available — No Prejudicial Error. If a fact material to a judgment be established by secondary evidence, erroneously admitted over objection, the judgment will not be reversed on appeal, and all the fruits of the trial sacrificed, merely because the best evidence was not produced, when the best evidence consists of a record open to inspection by the defeated party, and no showing was made to the district court at the hearing of the motion for a new trial, and no claim is made in this court that the record, if produced, would contradict the secondary evidence.</p> <p>3. Tax Deed — Omission of Recitals — How Corrected — Laches. The remedy of a person receiving a tax deed which omits necessary recitals is to apply to the county clerk for a corrected deed. Should such application not be made before judgment is rendered quieting title against the tax deed, it is not a valid objection to the judgment that the remedy is lost.</p>