Parker v. Vaughn

Citations

• 85 Kan. 324
• 116 P. 882
• 1911 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quieting Title — Tax Deed — Who May Attack. The rule that one must show an interest in the property in order to attack a tax deed applies only to a party who is seeking-affirmative relief. One who stands wholly upon the defensive may, without proving his own interest, show that a tax deed less than five years old, upon which a decree quieting title against him is sought, is invalid as a conveyance of title because of irregularities not showing on its face.</p> <p>2. - Same. Where an action to quiet title upon a tax deed is brought in the alternative; against one who if alive owns the patent title, and against his unknown heirs if he is dead, the grantee in a conveyance executed after the commencement of the action, by those who are the heirs if such death has taken place, is in substantially the same position as an original defendant.</p>