Nagle v. Tieperman

Citations

• 74 Kan. 32
• 85 P. 941

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Husband and Wipe — Payment of Taxes. The mere fact that the relation of husband and wife exists does not impose upon either spouse a legal or moral obligation to pay taxes upon real estate owned by the other.</p> <p>2. - Interest of One Spouse in Property of the Other. One spouse has no estate in the real property of the other, and has no interest therein by virtue of such relation which imposes a legal or moral obligation to pay taxes upon the real estate of the other.</p> <p>3. --- Wife May Acquire Tax Title to Husband’s Land. A wife, not. being in possession or receiving the rents and not being under any other legal or moral obligation to pay the taxes, may acquire title to land owned by her husband and others by purchase at a sale for taxes or by purchasing a tax-sale certificate, provided such purchase is made in good faith and with her own money.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deed — Recorded Five Years — Consideration. Where two tracts of land lying contiguous and under the same ownership are separately taxed in the same amount for a certain year, are sold for the non-payment of such taxes, and are thereafter deeded to the purchaser in consideration of such taxes and the subsequent taxes for the three intervening years, and the deed recites as the consideration therefor, not the separate amount against each tract but the total amount of taxes, interest and costs, the deed, in an action commenced more than five years after the recording thereof, will not be held void as not complying with the requirements of section 7677 of the General Statutes of 1901.</p> <p>2. -Presumption. In such a case, to support the deed it will be presumed either that the two tracts continued to be ' separately taxed in equal amounts, or, subsequent to the sale, were taxed together as one tract; in either of which cases the consideration for the conveyance is one-half the total consideration.</p>