Hetzer v. Koogler

Citations

• 87 Kan. 37
• 123 P. 876
• 1912 Kan. LEXIS 83

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — No Service — Void—Set Aside., A judgment was. rendered upon default, reciting a service upon one of the .defendants named therein by publication only. The defendant's name was not included in the affidavit for publication nor in the petition, and he was not a party to the action. It is held that the judgment, so far as it purports to affect that defendant or his property, is a nullity, and there was no error in setting it aside on motion of a party holding property by conveyance from the supposed defendant which the judgment purported to bind.</p> <p>2. A Void Tax Deed. A tax deed which shows the sale of several separate and distinct tracts in bulk for a gross sum is void upon its face. (Worden v. Cole, 74 Kan. 226, 86 Pac. 464.)</p> <p>3. Title — Abandonment. The claim that the owner of land has lost his title by abandonment in favor of the tax-title holder, under the facts of this case, is not sustained.</p>