McMahan v. Noble

Citations

• 83 Kan. 749
• 112 P. 600
• 1911 Kan. LEXIS 232

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parties —■ Quieting Title. An action to quiet title to real estate may be maintained in the name of one who holds merely a naked legal title, without beneficial interest.</p> <p>2. Judgments — Publication Service — Affidavit—Oath Not Administered. A judgment based upon service by publication can not be held to be absolutely void upon a showing that the affidavit for publication, although good upon its face, and beaiing the signature of the purported affiant and the jurat of a notary public, was not in fact sworn to.</p> <p>S. - Vacation — Rights of One Not an Innocent Purchaser. Where the buyer of real estate causes the deed to be made to a person having no beneficial interest, who conveys to him after procuring a decree quieting title, he is bound by an order vacating the decree, although made without notice to him, and can claim no rights as an intervening innocent purchaser.</p>