Jinkiaway v. Ford

Citations

• 93 Kan. 797
• 145 P. 885
• 1915 Kan. LEXIS 27

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Taxation — Duty of Life Tenant to Pay Taxes. It is the duty of a tenant for life in possession, and enjoying the rents and profits of land, to pay the taxes thereon.</p> <p>2. Same — When Remainderman May Purchase Tax Title. A remainderman not in possession and having no right to the occupancy or use of the land may purchase and hold a tax title thereon under a sale for delinquent taxes which the life tenant ought to have paid.</p> <p>•3. Same — Tax Title — Quitclaim Deed — No Merger. Where a remainderman purchases a tax title in the circumstances above stated, and enters into possession under it, and after-wards takes a quitclaim deed from the life tenant, the tax title is not necessarily merged in the conveyance of the life estate.</p> <p>4. Same — Tax Deed Held, by Remainderman — Not for Benefit, of Coremaindermen. One of several remaindermen, who does not have the possession, or right of possession, or right to rents and profits, who purchases the property at a sale for taxes which the life tenant ought to have paid, to whom a tax deed, valid on its face is issued, may hold the tax title for his own use and benefit as against other remaindermen.</p>