Hetzer v. Burbery

Citations

• 88 Kan. 805
• 129 P. 1127
• 1913 Kan. LEXIS 424

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment—Quieting Title—Bars only Parties to and Interested in the Action. An admission made upon the trial of an action in ejectment that a decree in a suit to quiet the title to the same land had been regularly rendered in favor of the plaintiff in that suit “quieting his title to the land in controversy against all parties then claiming an interest therein,” is insufficient to bar the grantee in a tax deed issued upon the land nine months after the decree was rendered. The language of the admission is interpreted as referring to persons claiming an interest in the litigation and parties to the action and not to the holder of an outstanding tax sale certificate upon which the tax deed was afterwards issued.</p> <p>2. Tax Deed—Void—Ejectment—Right of Defense. A tax deed void upon its face, under which possession had never been taken, does not give to the holder a sufficient standing to successfully assail in ejectment the later tax deed of a party in possession which is valid upon its face but voidable because of antecedent irregularities.</p>