Schroeder v. Griggs

Citations

• 80 Kan. 357
• 102 P. 469
• 1909 Kan. LEXIS 73

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deeds — Construction—Presumptions. A tax deed interposed in defense in an action of ejectment by the defendants holding possession and claiming title under it, which has been of record more than five years before the action was commenced, should be read in the light of every reasonable presumption in its fávor.</p> <p>2. -;— Clerical Error ■ — Statutory Recitals. Where the printed form of a tax deed, with blanks to be filled, prepared for use in cases where several tracts have been assessed and sold separately but are to be' conveyed together, was so changed by striking out words and interlining others as to leave a recital to the effect that the land could be sold for the ' amount of tax and charges thereon, and was therefore bid off by the county treasurer for the county, held, that an examination of the whole instrument, with the changes so made, clearly shows that the omission. of the word “not,” which should have been inserted between the words “could be” after the word “neither” had been stricken out, was a mere clerical omission.</p> <p>3. Written Contracts — Construction — Clerical Error. The general rule is that a written contract should be construed according to the obvious intention, notwithstanding clerical errors and omissions therein which can be corrected by perusing the whole instrument.</p> <p>4. Tax Deeds — Construction. The foregoing rule of interpretation is applicable to the tax deed in question in the circumstances stated in the opinion.</p>