Perkins v. Berry

Citations

• 104 Kan. 104
• 177 P. 530

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defective Tax Deed — Quieting Title — Cross Petition Dismissed. In. a suit to quiet title instituted by the holder of a defective tax deed which is less than five years old, it is not error, as against the plaintiff, to dismiss defendant’s cross action to quiet her title, when defendant had not paid nor offered to pay the delinquent taxes which were the basis of the defective tax deed.</p> <p>2. Same — ■Reimbursement—Quieting Title — Action Premature. Reimbursement of an occupying claimant for improvements is not due until a judgment dispossessing him is entered, nor is it error to refuse to adjudicate this matter in a suit to quiet title. (Corbin v. Young, 24 Kan. 198, 201, 202.)</p> <p>3. Same — Tax Deed Not Five Years Old — Judicial Presumptions. Until a tax deed is five years old it is not entitled to the aid of judicial presumptions and inferences to remedy its defects, when to indulge them would aid in forfeiting the rights of the landowner.</p> <p>4. Same — Tax Deed Less Than Five Years Old — Rights of Holder. The rights of the holder of a defective tax deed'which is less than five years old are the statutory assurance that he will be reimbursed for the amount which he has paid for taxes, together with twelve per cent per annum on his investment, if he is deprived of the property covered by his defective tax deed.</p>