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· 3/9/1907

Jones v. Sadler

Citations

  • 75 Kan. 380
  • 89 P. 1019

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Ejectment — Tax-deed Holder in Possession — Burden of Proving Adverse Possession. Where the defendant in ejectment is shown to b¿ in possession under a tax deed which is good upon its face and has been of record for.five years the plaintiff cannot attack the deed for latent irregularities without affirmative evidence of an occupancy on his behalf during that period.</p> <p>2. - Same. If one who is .in the occupancy of real estate under a tax deed can ever be ejected upon the ground that he failed to assert his rights under it within two years, it can only be upon an affirmative showing of an adverse possession for that period.</p>

Judges: Mason

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