Jones v. Lampe

Citations

• 85 Kan. 401
• 116 P. 619
• 1911 Kan. LEXIS 83

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deed — Want of Certain Recitals Not Fatal. The ruling in Neiswanger v. Ord, 81 Kan. 63, that “a tax deed over five years old which recites that property was originally bid in by the county treasurer, that thereafter an individual paid him an amount equal to the cost of redemption, and that the ‘purchaser’ afterward paid the subsequent taxes, is not rendered void because it contains no recital that the county clerk assigned the tax-sale certificate” (syl. ¶ 4), is followed.</p> <p>2. Cross-appeal — How Appellee May Have Adverse Rulings Reviewed. An appellee may secure a review of an adverse ruling by serving a notice upon appellant before the case is assigned for final hearing stating that he intends to present a particular ruling for review. The notice should be served early enough to afford appellant time to answer appellee’s contentions, but, as the notice is not jurisdictional, delay in serving it might justify an application for a postponement of the hearing but would not deprive the court of power to review.</p>