Despain v. Despain

Citations

• 98 Kan. 707
• 160 P. 219
• 1916 Kan. LEXIS 170

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Taxation — Action to Recover Land Sold for Taxes — Tax Deed on Record Five Years — Action Barred. A landowner suffered his land to he conveyed for taxes by deed regularly issued and valid on its face. The tax-deed holder did not take possession or commence proceedings to recover the land within two years. After expiration of the two-year period a grantee of the former owner purchased the tax title. The purchaser took possession and held possession for more than five years. The widow of the former owner, who had lived apart from, her husband and who had not joined in his deed, then commenced an action to recover her interest in the land. Held, the action was barred by the five-year statute of limitations.</p>