Fulton v. Mathers

Citations

• 75 Kan. 770
• 90 P. 256
• 1907 Kan. LEXIS 128

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Necessary Parties. A judgment in ejectment is not void as to the defendants in actual possession because the holder of the legal title, not in possession, was not made a party.</p> <p>2. Tax Deeds — Ejectment by Holder — Unenforced Judgment— Statute of Limitations. ' Where a tax-deed holder brings his action to recover the real estate within the two-year period of limitation, and recovers a judgment therefor against the parties in actual possession, the running of the statute has been arrested; and a delay of nearly five years after the rendition of the judgment before other steps are taken to remove the defendants in the ejectment action from the premises will not again start the statute.</p>