Yurann v. Hamilton

Citations

• 82 Kan. 528
• 108 P. 822
• 1910 Kan. LEXIS 294

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>:i. PLEADINGS' — Amendment — Answer Signed after Judgment. Where a petition is filed in the district court and an answer is filed thereto purporting to be the answer of the defendants, but is entirely unsigned, and the case is set for trial and tried in all respects as if the answer had been signed, and the attention of the court is not called to the failure of the defendants to sign their answer until after judgment, it is not error then to permit the answer to be amended by signing the same.</p> <p>■ 2. Practice, Supreme Court — Conclusiveness of Findings — Motion for a New Trial. Oh a motion for‘a new trial, based on alleged accident and surprise growing out of an alleged agreement as to a waiver of evidence between the attorneys for the parties, the finding of the court as to the existence of such agreement, made upon conflicting affidavits, and the denial of the motion in accordance with such finding, can not be reviewed here.</p> <p>• 3. Landlord and Tenant — Purchase of Tax Deed by Tenant. Land in the hands of the receiver of a corporation was sold for delinquent taxes in September, 1900, to F. In May, 1902, P. sold the tax certificate to H. March 1, 1903, H. rented the land of the receiver and took possession of it as tenant. In September, 1903, H. received a tax deed to the land, and thereafter claimed possession and right to the land under the tax deed, but paid his rent according to contract. Held, that as such tenant he was under no obligation to pay the taxes and was -not estopped from taking the tax deed and holding thereunder.</p> <p>•4. Corporations — Receiver—Interference by Creditors Enjoined - — Purchaser of Tax Certificate. By buying the tax certificate H. did not become a creditor of the corporation, and was not barred by an order of the court appointing the receiver which restrained creditors of the corporation from interfering with the property of the corporation.</p>