Smith v. United States Sugar & Land Co.

Citations

• 82 Kan. 539
• 108 P. 860
• 1910 Kan. LEXIS 296

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Affidavit — Publication Service. An affidavit for publication service sufficiently complied with the statute to give the court jurisdiction.</p> <p>■2. Judgments — Validity. A judgment quieting title held not to be void, although the tax deed upon which it was based was invalid upon its face.</p> <p>53. - Publication Service — Purchaser in Good Faith — Quitclaim Deed. One who bought the land in reliance upon such judgment, rendered upon, publication service, held to be a purchaser in good faith, although there was a quitclaim deed in his chain of title.</p> <p>■4. --■ Vacation — Recovery of Value of Land Sold to Inno- ' cent Purchaser. A defendant in a suit to quiet title who was served only by publication and who had the judgment vacated after the land had been sold to an innocent purchaser held to be entitled to a judgment against the plaintiff for its value.</p>