Morris v. Winderlin

Citations

• 92 Kan. 935
• 142 P. 944
• 1914 Kan. LEXIS 345

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quieting Title — Defect of Parties — Void Judgment — Judgment Set Aside — Rights of Innocent Purchaser. A judgment was rendered upon publication service, quieting- title against the two owners of a tract of land. One of these owners was dead when. the action was commenced. Applications were made by the living owner, and trustees under the will of the deceased owner, to open the judgment and be let in to defend, which applications were sustained. On the trial each of these owners recovered judgment quieting title to an undivided one-half of the tract and setting aside tax deeds thereon. This action was brought by the grantee of the owners whose title had been quieted. The defendant in this action is an innocent purchaser, holding under a conveyance from the plaintiff in the former action, relying upon the judgment. It is held:</p> <p>(а) The judgment first rendered in the former action against the deceased owner was void.</p> <p>(б) The form of the application to set aside a void judgment is not important. Although applying fo open the judgment and to be let in to defend, the application of the trustees did not make the void judgment effectual for any purpose.</p> <p>(c) The defendant in this action is protected in his title purchased in reliance upon the judgment that was after-wards set aside, only so far as the court had jurisdiction to proceed against the living party, but his title is not valid as against the grantees of the trustees under the will of the party who was dead when the action was commenced:</p> <p>2. Judgment — Set Aside — Inures to Benefit of Cotencmt. A judgment setting aside tax deeds at the suit of a tenant in common inures to the benefit of a cotenant.</p> <p>3. Foreign Will — Trustees’ Deed — Not Void. A deed made by trustees under a will made in another state and recorded in the probate court of the county in this state where the land is situated is not void merely because the trustees have failed to give