Gibson v. Ast

Citations

• 77 Kan. 458
• 94 P. 801
• 1908 Kan. LEXIS 288

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statute op Limitations — Foreclosure of Mortgage — Tax-deed Holder. One who has procured a tax deed to a tract of land is not a privy in title to the former owner of the land, and where the former owner has executed a promissory note, secured by a mortgage on the land, the holder of the tax deed cannot plead the statute of limitations as a defense in an action brought by the holder of such note and mortgage to foreclose the mortgage on the land.</p> <p>2. Tax Deed — Recital of Amount for Which Land Was Bid Off for County. A tax deed which has been issued and recorded for more than five years is not void upon its face for the reason that it does not recite the amount for which .the county treasurer bid in the land for the county at the tax sale, when the deed does recite that the treasurer did, nearly three years thereafter, assign a tax certificate thereon “for the sum of sixty-one dollars and seventy-eight cents, being equal to the cost of redemption at that time,” and the deed further recites the amount of the delinquent taxes for each year; the amount for which the -treasurer bid off the land is then a matter of simple computation.</p>