Wheeler v. Ballard

Citations

• 91 Kan. 354
• 137 P. 789
• 1914 Kan. LEXIS 35

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Title and Ownership — Effect of Decree Quieting Title. The life tenant in possession of certain land sued the remainder-man and another to quiet title, alleging in herself the legal title and peaceable possession, and averring that the defendants set up a claim of estate and interest adverse to that of the plaintiff, and praying that such claim be shown null and void as against the plaintiff. The summons by publication notified the defendants that in default of answer or demurrer the petition would he taken as true and judgment rendered quieting plaintiff’s title in and to the land in question as against the title of the defendants, and the title of the defendants, if any, would be determined to be null and void as against the title of the plaintiff. The journal entry recited proper service, default, a finding that the averments of the petition were true, and concluded: “It is further considered by the court, that the plaintiff ... is the owner of th& following lands . . . and that the defendants . . . and each of them be excluded and forever precluded of any interest or title in and to the above-described lands and tenements.” Held, that such decree extinguished the defendants’ title and left the plaintiff as to them the full and complete owner of the land.</p>