Van Doren v. Wolf

Citations

• 112 Kan. 380
• 211 P. 144
• 1922 Kan. LEXIS 450

Syllabus

<p>SYLLABUS BY THE COyET.</p> <p>1. Land Sold por Taxes — Sheriffs Deed Issued — Holder of Unrecorded Deed Barred, of All Interest in the Land. Where the taxes on real estate became delinquent and the county foreclosed its lien thereon and a sheriff’s deed was issued to the purchaser, pursuant to the judgment in foreclosure, the holder of an unrecorded deed who is not shown to have been in possession at the time when the foreclosure proceedings were begun is barred of all interest in the property as against those claiming under the sheriff’s deed.</p> <p>2. Statutes — Remedial Statutes — Construed to Conform to Legislative Intent. When the legislative purpose in amending a remedial statute is plain and obvious, that purpose is not to be defeated by too critical a construction of an inharmonious element in its related context, when there can be no uncertainty in giving it a construction which will conform to the legislative intent.</p> <p>3. Tax Deed — Void Mortgage Recorded — Refusal of Mortgagee to Cancel of Record — Statutory Penalties Enforceable. After foreclosure of tax liens by the county and the issuance of a sheriff’s deed pursuant to the judgment entered therein, the recording of a mortgage executed by the holder of a deed antedating the foreclosure proceedings, which deed was not recorded until afterwards, is a cloud on the title of the holders under the sheriff’s deed, and it is the duty of the mortgagee to discharge it of record on their demand; and the mortgagee’s refusal so to do subjects him to liability for actual damages, statutory damages and an attorney’s fee in favor of the parties aggrieved thereby, as provided in chapters 253 and 251 of the Laws of 1915 (Gen. Stat. 1915, §§6471, 3531-3536).</p>