Doty v. Maddux

Citations

• 82 Kan. 416
• 108 P. 854
• 1910 Kan. LEXIS 270

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Taxation — Lien for Taxes — Purchaser of a Void Tax Deed. After the tax roll of 1888 had been delivered to a county treasurer an assessment upon two lots for building a sidewalk in a city of the second class was certified to the county clerk, who certified it to the treasurer, who entered it upon the tax roll against each lot thus: “S. Walk 6025.” Other taxes upon the property for that year were paid in due time, but each lot was sold at the tax sales of 1889 for a delinquent sidewalk tax of $60.25, and in 1893 a .tax deed was issued thereon to the assignees of the certificate, who were in possession under it when this suit was brought by the owner of the lots for possession. The tax deed was void upon its face. Judgment was rendered for the plaintiff for possession, but a lien was given to the defendants for all taxes paid, with interest and costs. Held, that the plaintiff, who appealed from the judgment allowing the lien for taxes, should not be relieved therefrom.</p>