Taylor v. Danley

Citations

• 83 Kan. 646
• 112 P. 595
• 1911 Kan. LEXIS 213

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deeds — Grantee. A tax deed issued to “Wheeler & Motter, of Buchanan county, Mo.,” is not void for the reason that it does not sufficiently identify the grantee.</p> <p>2. -Presumption — Deed Recorded Five Years — Identity of Grantee. Where, in such case, W. W. Wheeler and Joshua Motter, with two persons designated as their respective wives, after the issuance of such tax deed join in a conveyance of the land described in the tax deed, it will be presumed, in the absence of any evidence, after the tax deed has been of record more than five years, that W. W. Wheeler and Joshua Motter were the identical persons named as grantees in the deed.</p> <p>3. Ejectment — Pleadings and Proof — Limitation of Actions— . General Denial. In an action of ejectment, where the petition and the answer set forth such facts and make such denials only as are required by sections 619 and 620 of the code of 1909, either party under such pleading may prove any fact which would tend to strengthen his own title or to defeat that of his adversary to the same extent as if the facts were fully pleaded, including such as may tend to prove that the rights of either party have been barred by any statute of limitation.</p>