Clarke v. Tilden

Citations

• 72 Kan. 574
• 84 P. 139
• 1906 Kan. LEXIS 357

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deed — Construction—Meaningless Words. The tax deed in controversy contains the following recital: “And whereas, the treasurer of said county did, on the 26th day of October, A. D. 1891, by virtue of the authority in him vested by law, at (an adjourned sale of) the sale begun and publicly held on the fourth Monday of October, a. d. 1891, expose to public sale at the county-seat of said county, in substantial conformity with all the requisitions of the statute in such case made and provided, the real property above described,” etc. Held, the parenthetical words are meaningless, may be entirely disregarded, and an October sale under section 125 of the tax law (Gen. Stat. 1901, § 7657) is disclosed.</p> <p>2. - Date of Sale — Validity of Deed. If under the provisions of any statute the sale upon which a tax deed is based may have been legally made upon the day named therein the deed will not be void on its face, if otherwise regular.</p> <p>3. -,October Sales — Form of Deed — Special Recital Unnecessary. Tax deeds based upon October sales made pursuant to the provisions of section 125 of the tax law (Gen. Stat. 1901, § 7657) may be drawn according to the statutory form, without any special recital giving the reason for the failure to sell in September.</p> <p>4. - Seal of County. The tax deed in controversy is not void on its face for want of a seal although the seal affixed bears the legend “Seal of County Clerk, Decatur County, Kansas.”</p>