Stump v. Burnett

Citations

• 67 Kan. 589
• 73 P. 894
• 1903 Kan. LEXIS 300

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Taxation — Limitation of Action in Ejectment by Adverse Claimant. A tax deed of vacant land, valid upon its face, and duly recorded, invests the tax-title holder with constructive possession of the land; and such constructive possession^ when uninterrupted by the actual possession of the adverse claimant, perfects the tax deed at the expiration of the five-year period of limitation prescribed by section 141 of the tax law (Gen. Stat. 1901, § 7680), as against affirmative assaults upon it for defects in the proceedings upon which it is based.</p> <p>2. - Invalid Tax Leed — Ejectment by Solder of Tax Deed. A tax deed of vacant land, valid upon its face, and duly recorded for five years, may be impeached by way of defense, for defects in the proceedings upon which it is based, when used as a foundation for affirmative relief in an action brought by the tax-title holder, even though the five-year period of limitation prescribed in section 141 of the tax law has elapsed.</p>