McDonald v. Kelson

Citations

• 79 Kan. 105
• 98 P. 772
• 1908 Kan. LEXIS 197

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction—Eviction of Purchaser at Tax Sale—Improvements. A tax-deed holder in possession was defeated in an action of ejectment and was given a lien for taxes. At the date of the judgment he did not live on the land, and had no claim for improvements. The landowner did not satisfy the judgment lien, and allowed the land to sell for taxes. The lien-holder purchased at the tax sale and was given a tax-sale certificate. Without force, fraud or collusion he then moved on the land, took full possession, and made lasting and valuable improvements. Subsequently the landowner redeemed from the judgment and tax sale, and caused a writ of possession to issue in the ejectment suit: Held, the occupant of the land is entitled to an injunction against eviction until his claim for improvements is adjudicated and satisfied.</p>