Kuykendall v. Taylor

Citations

• 93 Kan. 471
• 144 P. 818
• 1914 Kan. LEXIS 457

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Void Tax Deed — Rights of Occupying Claimant —Lasting Improvements — Limitation of Action for Rents and Profits. In an action in ejectment where a tax deed under which the defendants held possession was adjudged to be invalid and where the defendants were held to be entitled to the benefits of the occupying -claimant’s law and therefore entitled to recover the lasting and valuable improvements made on the premises and also the taxes paid by them, but that they -Were chargeable with the rents and profits they had enjoyed, the recovery by plaintiffs for the rents and profits can only be such as have accrued within three years before the commencement of the action.</p> <p>2. Same — Value of Improvements — Waiver of Jury Trial. The unsuccessful occupying claimant is entitled, upon request, to have a sheriff’s jury 'drawn to assess the value of the lasting and valuable improvements Tnade on the premises by him, but the failure to make the request within a reasonable time after the right to possession has been adjudged and until the court is proceeding to determine the value of such improvements is .deemed to be a waiver of that right.</p>