Neiswanger v. Ord

Citations

• 81 Kan. 63
• 105 P. 17
• 1909 Kan. LEXIS 307

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Publication Service — Partnership—Firm Name. Service by publication upon a partnership by its firm name, without specifying the individuals composing it, is not necessarily void.</p> <p>2. --Description of the Parties — Default Judgment — Collateral Attack. Where a mortgage was executed to a partnership composed of John D. and Mary Knox, the grantees being therein described only by their firm style of “John D. Knox & Co.,” and a tax-deed holder thereafter obtained a default decree quieting title to the mortgaged property, based upon service by publication, in an action in which the mortgagees were referred to throughout merely as “John D. Knox & Co.,” the judgment is not open to a collateral attack on account of the failure of the publication notice and other portions of the record to name the mortgagees individually or to describe them more definitely.</p> <p>3. Tax Deeds — Amount Bid by County Treasurer. A recital in a tax deed over five years old that the land conveyed when offered at the tax sale could not be sold for a stated sum, being the whole amount against it, and was bid off by the treasurer for the county, sufficiently shows the amount for which it was so bid off.</p> <p>4. -Assignment of Tax-sale Certificate by County Clerk. A tax deed over five years old which recites that property was originally bid in by the county treasurer, that thereafter an individual paid him an amount equal to the cost of redemption, and that the “purchaser” afterward paid the subsequent taxes, is not rendered void because it contains no recital that the county clerk assigned the tax-sale certificate. That the assignment was made may be inferred from the fact that the person paying the money is referred to as the purchaser.</p>