Downer v. Schmidt

Citations

• 85 Kan. 513
• 117 P. 1013
• 1911 Kan. LEXIS 106

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quieting Title — Tax Deed — Repugnancy—Manifest Intention. In construing a tax deed the intention and effect are to be collected from the whole of it, and if a term used is repugnant to the other parts of the deed, and it is clear from a reading- of the entire instrument that the term was inadvertently used, it may be rejected and effect given to the manifest intention of those who executed the tax deed.</p> <p>2. - Tax Deed — Clerical Errors — Not Fatal. A tax deed, which had been of record more than five years, contained one recital that the land was sold in September of a certain year for the taxes of that year, but other recitals satisfactorily showed that the first date was a clerical error and that the sale was made for the taxes of the preceding year. Held, that the tax deed is not void on its face by reason of the error.</p>