Herod v. Carter

Citations

• 81 Kan. 236
• 106 P. 32
• 1909 Kan. LEXIS 349

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deeds — Description of the Land. The statutory rule for interpreting and applying descriptions of property conveyed in tax deeds is that “any description of land which shall indicate the land intended with ordinary and reasonable certainty, and which would be sufficient between grantor and grantee, in an ordinary conveyance, shall be sufficient.”</p> <p>2. -- Description of the Land — Extrinsic Evidence. The law does not require that a description of land in a tax deed shall be so complete that a resort to extrinsic evidence to determine the identity or location of the land intended shall be unnecessary.</p> <p>3. - Same. To apply a defective or doubtful description and identify the property conveyed the court may look to facts and circumstances suggested by the defective description, such as the record of the tax proceedings under which the property was sold and conveyed, and in aid of the defective description may also look to the acts and conduct of the parties concerned showing identification or a practical location of the property intended.</p>