Warner v. Hinshaw

Citations

• 105 Kan. 724
• 185 P. 1041
• 1919 Kan. LEXIS 165

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Title — Land Bid in by County — Certificate Assigned — Notice to Landowner Required of Holder of Certificate — Statutes Construed. Section 11434 of the General Statutes of 1915, which was repealed (Laws 1917, ch. 328), and which provided that where a county bids in property and assigns the certificate, the holder thereof shall give to the owner of the real estate a written notice stating -that he is the holder and that a tax deed will issue within sixty days after the date of said assignment, and that after the certificate issues the owner or his agent shall have sixty days from the date within which to redeem, was intended to be supplemental to the act of 1891, which authorized counties that had adopted the provisions of the act to bid . in property at tax sales.</p> <p>2. Same — Land Bid in by County — County Not an Ordinary Purchaser at Tax Sale. Where a county has adopted the provisions of chapter 162 of the Laws of 1891 (Gen. Stat. 1915, §§ 11431-11433), and bids in property at a tax sale, it does not thereby become a purchaser in the sense that a third party does, who buys at an ordinary sale for taxes, and who has no interest in the tax sale, but bids in the property for the taxes and penalty, and pays the amount of his bid into the treasury. Until the county has assigned the certificate to a third party, the proceedings for a tax deed cannot be said to have originated, within the meaning of section 11490 of the General Statutes of 1915, which provides that proceedings for the sale and conveyance of lands for taxes under any prior statute shall be fully completed according to the laws under which they originated.</p> <p>3. Same — Statute Requiring Sixty Days’ Notice to Landowner in Which to Redeem is Constitutional. Chapter 363 of the Laws of 1915 is not unconstitutional on the ground that by extending the period of the owner’s redemption it violates the obligation of a contract between the state and the purchaser of th