Shinkle v. Meek

Citations

• 69 Kan. 368
• 76 P. 837
• 1904 Kan. LEXIS 259

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Taxation—Defective Notice of Redemption—Deed Voidable — Tender Unnecessary. If, in a final redemption notice, the sum stated as necessary to redeem be substantially greater than the amount of taxes charged, with interest calculated to the last day of redemption, the error will make voidable a tax deed based on such notice, if attacked in time. A tender of the sum actually due is not a condition precedent to the maintenance of an action to set aside such tax deed.</p> <p>2. - Action to Quiet Title—Pleading. A plaintiff may have his title quieted to land sold for taxes in an action for that purpose, where his petition counts upon general equitable considerations, and does not show in whom the possession is; especially so, when the answer avers that the land is vacant and unoccupied.</p> <p>3. --Tax Deed Void—Arbitrary Division of Costs—• Solder of Tax Title Estopped. A plaintiff in an action to quiet title to land sold for taxes made a tender of an amount which he claimed was sufficient to pay the defendants’ tax lien. This tender was not accepted, and the trial proceeded upon the questions as to the validity of defendants’ tax deed and the amount of the lien to which they would be entitled if the deed should be found invalid. The court adjudged the deed invalid, found the amount of their lien to be greater than the sum tendered, and adjudged that they pay all costs made after the tender. Seld, that this division of costs was not erroneous as to the defendants, although it was an arbitrary one, for by continuing to litigate the title they made themselves properly chargeable with all costs.</p>