Madden v. State

Citations

• 68 Kan. 658
• 75 P. 1023
• 1904 Kan. LEXIS 158

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Title and Ownership — Non-resident Alien. Under section 1 of the alien land law of 1891 (Laws 1891, ch. 3), a non-resident alien could take a title by purchase to land in this state, defeasi-ble only at the suit of the state.</p> <p>-Escheat — Alien Land Laiv — Estoppel. In an action by the state to escheat land under the alien land law of 1891, the heirs of a resident citizen are estopped by their ancestor’s warranty deed to a non-resident alien from claiming the land conveyed or the proceeds of its sale.</p> <p>—-Rights of the State Determined. In such an action the rights of claimants to the land who, in litigation between themselves, to which the state was not a party, have both been denied relief, may be investigated and determined as against the state.</p>