Girard Trust Co. v. Jones

Citations

• 81 Kan. 753
• 106 P. 1052
• 1910 Kan. LEXIS 425

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deeds —■ Outstanding Titles, Liens or Interests Extinguished. A tax deed good on its face, which has been of record more than five years, during which time the purchaser has had actual possession of the land conveyed, vests in him an absolute title, which extinguishes and destroys all titles, liens or interests existing when the tax proceedings were had upon which the tax deed is founded.</p> <p>2. -Defense to Mortgage Foreclosure — Prayer to Have Title Quieted — Validity of Tax Proceedings Not Beviewable. Where a proceeding is brought to foreclose an extinguished mortgage lien and the holder of the tax deed mentioned is made a defendant and answers setting up his title under the tax deed, the fact that he asks to have his title quieted as against the plaintiff will not justify the court in setting aside his tax deed for irregularities in the tax proceedings nor in adjudging that the land shall be sold to satisfy such mortgage lien.</p>