Horner v. Ellis

Citations

• 75 Kan. 675
• 90 P. 275
• 1907 Kan. LEXIS 112

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Specific Performance — Jurisdiction of Defendant. Prior to the enactment of chapter 384 of the Laws of 1903 a suit for the specific performance of a contract to convey real estate was an action in personam and could be brought only in the county where the defendants or any of them resided, but no jurisdiction of a defendant could be obtained by publication service.</p> <p>2. Ejectment — Issue to be Tried. The issue in an action of ejectment is, Who has the better title? And the title of a tenant in common owning a moiety of the fee is superior to that of one in possession of the land under a voidable tax deed.</p> <p>3.- Tenant in Common of the Fee — Holder of Voidable Tax Deed. A tenant in common owning a moiety of the fee may in an action of ejectment recover the entire possession of a tract of land from one who holds the same only by virtue of a voidable tax deed, on payment of the lien for taxes.</p>