Malet v. Haney

Citations

• 98 Kan. 20
• 157 P. 386
• 1916 Kan. LEXIS 5

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deed — Holder No Right to Forcible Possession. A tax deed, however perfect in form and valid in law, does not give the holder a right by force or violence to take possession of the land described in such deed.</p> <p>2. Attorneys’ Fee — Improperly Allowed — Remittitur. Error in charging that an attorneys’ fee may be allowed was rendered harmless in this case by the subsequent remittitur of such fee.</p> <p>3. Partition — Qualification of Commissioners. The statute prescribing no qualifications for commissioners in partition, the appointment of witnesses in the case who had testified as to the value of the property involved did not of itself work material prejudice.</p> <p>4. Trial — Mistake in Instructions- — Not Prejudicial. A mistake in the charge as to the date when the defendant obtained a certain quitclaim deed was not substantially prejudicial, full opportunity being had to correct such date in the argument by reference to the evidence on that point.</p> <p>5. Same — Remittitur—Passion and Prejudice of Jury. The remittitur of a substantial portion of the sum awarded by the jury was not a confession of passion or prejudice, a remittitur being proper only in the absence of passion and prejudice.</p>