Clark v. Tandy

Citations

• 101 Kan. 328
• 167 P. 1039
• 1917 Kan. LEXIS 86

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Execution Sale — Sheriff’s Deed• — Collateral Attack. An attack by strangers on a sheriff’s deed, in an action separate from that in which the sheriff’s deed was issued, on the ground that out of the proceeds ,of the sale the current taxes were not paid nor the land redeemed from tax sales, is a collateral attack and can not be maintained.</p> <p>2. Sheriff’s Deed — Rights of Holder Thereof. The grantee in a sheriff’^ deed obtains as good a title to the real property conveyed as was held by the person against whom execution was issued. This, includes the right to attack a voidable tax deed.</p> <p>S. Tax Deed — When Voidable. A tax deed is voidable when based on a redemption notice which includes illegal interest, and which does not comply with section 11446 of the General Statutes of 1915.</p>