Davidson v. Timmons

Citations

• 88 Kan. 553
• 129 P. 133
• 1913 Kan. LEXIS 379

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal—Transcript—Matters Reviewable. In order to secure a review of rulings of the trial court on the admission of evidence and other proceedings in the case it is necessary that the appellant shall procure a transcript of the evidence and proceedings upon which the rulings depend, and in the absence of such a transcript the supreme court can not settle conflicting claims as to proceedings in the trial court nor determine whether a ruling on the admission of testimony referred to in the findings of that court may not have been controlled by evidence, admissions or waivers not preserved in the record.</p> <p>2. Action — Quieting Title — Tax Lien — Affirmative Relief. Where a party brings an action to quiet his title to land as against a claim of an interest in the land by defendant and asks to have such claim adjudicated, and the defendant answers setting up a tax lien on the land and asks the court to protect his right to such lien, the court is warranted in not only adjudicating the right of the defendant to the tax lien but also in granting affirmative relief to him by providing for the enforcement of the tax lien found to exist.</p> <p>3. Mortgage Foreclosure—Judgment Void—Tax Lien Adjusted. D., who owned a tract of land and had given a mortgage on it, made default, when proceedings to foreclose the mortgage were had which resulted in a sale and deed to L. but which were subsequently determined to be absolutely void. L. paid the taxes on the land and obtained a tax deed, under which he took possession of the land,.and continued to pay the taxes thereon for a number of years until it was judicially determined that the foreclosure proceedings, including the sheriff’s sale and deed, were absolutely void, and also that his tax deed was invalid, whereupon he was ousted from possession of the land. L. brought an action claiming a lien for the taxes paid by him, which was dismissed without prejudice about the time the present action