Pierce v. Shelton

Citations

• 93 Kan. 189
• 144 P. 219
• 1914 Kan. LEXIS 407

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Order of Dismissal — Set Aside at Same Term — Actual Notice — No New, Summons Necessary. An order of dismissal may be set aside and the cause reinstated -without the service of a new summons where the order of reinstatement is made at the same term and while the counsel for the opposite party is present in court and has actual notice of the application.</p> <p>2. Quieting Title —■ Tax Deed —• Insufficient Consideration — Invalid. A tax deed, the validity of which was challenged before the five-year statute of limitations had run in its favor, was issued for an insufficient consideration and for an amount which did not correspond with that named in the notice of redemption, and is therefore invalid.</p> <p>3. Same — Possession a Material Issue in Action to Quiet Title. Possession by the plaintiff is a material issue in a statutory action to quiet title to land, and in this action it is held that the proof produced showed a sufficient possession as against the claims of the defendant.</p>