Steele v. Dye

Citations

• 81 Kan. 286
• 105 P. 700
• 1909 Kan. LEXIS 357

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compromise Tax Deed — Consideration—Payment of Subsequent Taxes. A compromise tax deed over five years old is not rendered void by a recital that the taxes subsequent to the assignment of the certificate were paid by the purchaser, no amount being named, when no taxes due at the time of the compromise are shown to have been excepted from its operation and no new taxes accrued between such assignment and the execution of the deed, and the consideratibn recited in the granting clause is the amount for which the certificate was issued.</p> <p>2. -Recital that Land Sold at Tax Sale Has Not Been Redeemed. The statutory requirement that a tax deed shall recite that the land sold at tax sale has not been redeemed therefrom is sufficiently fulfilled by a recital that the owner has not offered to redeem it, the word “owner” in this connection, as in the statute relating to redemption, including any one who has a substantial interest in the property.</p> <p>3. -Interest — Competitive Bidding by County — Consideration. Other objections to a tax deed examined and held not to be fatal.</p> <p>4. Words and Phrases — “Prevails”—Agreed Statement of Facts —Dismissal without Prejudice — Judgment by Consent. A stipulation that an action shall be submitted upon an agreed statement of facts and that if the defendant “prevails” a certain judgment shall be rendered does not prevent the plaintiff from causing a dismissal without prejudice, in which case the defendant will not have “prevailed” within the meaning of the stipulation.</p>