Miller v. Ditlinger

Citations

• 81 Kan. 9
• 105 P. 20
• 1909 Kan. LEXIS 296

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Res Judicata — Ejectment of Tenant — Landlord Not Bound. A landowner who is not a party to, has no notice of, and does not defend, an action of ejectment prosecuted against his tenant is not bound by a judgment in the action adverse to the tenant.</p> <p>2. -Res Judicata. Purchasers from a landowner in the situation described, acquiring his title subsequent to the judgment in ejectment, take such title unprejudiced by the judgment, although they were defeated parties to the ejectment suit.</p> <p>3. Equitable Relief — Lien for Taxes. A tenant in possession took out a tax deed of the land and conveyed to another, maintaining, however, his proper relation to the landlord-owner. In an action of ejectment to which the landlord was not a party the tax deed was set aside and the tax-title purchaser was given a lien for taxes, which the claimant was required to satisfy before being let into possession. The claimant paid the amount of the lien, but did not gain possession of the land, and deeded it to another. The tax-title purchaser then procured a conveyance from the owner and brought an action to quiet title against the grantee of the ejectment claimant. Held, that the defendant should be regarded as the equitable assignee of the lien for taxes, and that equitable relief to the plaintiff should be conditioned upon its satisfaction.</p>