29 Kan. 349 | Kan. | 1883
This was an action of ejectment, brought by Mary Back against J. C. Carpenter, for the recovery of certain lots in the city of Council-Grove, Morris county. The plaintiff’s claim to the property is founded upon a regular chain of title from the original patentee down to herself, while the defendant’s title is founded upon certain tax deeds issued by the county clerk of Morris county, for taxes levied during thé years 1874, 1875, 1876, and 1877. The only question involved in the case is whether these fax deeds are valid or not. These tax deeds are admitted to be valid, unless certain taxes included therein are invalid; and the only ground upon .which it is claimed that these taxes are invalid is, that at the time when they were levied the city was wrongfully assuming to be and to act as a city of the second class, when in law' it,- was only a city of the third class. The court below held that the taxes were valid, and decided the case in favor of the defendant and against the plaintiff; and the plaintiff now brings the case to this court.
It appears that in 1869, and since, the city of Council Grove has been in legal contemplation a city of the third class; and that during all that time, except an interval of something over six years, from the spring of 1872 up to the fall of 1878, it was in fact a city of the third class. During that interval, however, it assumed to be and -acted as a city of the second class, and the alleged illegal taxes included in said tax deeds were levied during said interval. It assumed t¡o be and acted as a city of the second class, for the following reasons: In February, 1872, the legislature of Kansas passed an act authorizing the city of Council, Grove and other cities to organize as cities of-the second class. (Laws of 1872, ch. 101.) This act was approved by the governor of the state of Kansas, on February 29, 1872, and, by one of its own provisions, it was to take éffect arid be in force from and after its publication in the Kansas Weekly Commonwealth; and it was so
Now, notwithstanding all these things, were all the acts of all the city officers, from the spring of 1872 up to the fall of 1878, illegal and void? Were the taxes levied by such dfficers illegal and void? Were all the judgments rendered in the municipal courts, and by the police judges and justices of the peace for such city, illegal and void? Has every offender who has been convicted of a misdemeanor, or convicted of a violation of any city ordinance, an action against the officers of such city for false imprisonment? Were the moneys which belonged to the city as a city of the third class, and which were turned over to and paid out by the officers of the city while acting as officers 'of a city of the second class, illegally paid out? and may they now be recovered? Were all contracts made by the city officers with school teachers for wages, and with all others, whether for wages, or not, and whether for the purchase or repair of- public property, or not, illegal and void? Were all debts created by the city officers during that time, and are they now, illegal and void? Were all obligations incurred by the city or the city officers during that time, and are they now, nullities? And to whom does the public property purchased and acquired by the city officers during that time belong? Is everything which happened during that time with reference to the city illegal and void?
We think that all these questions must be answered in the same way that they should be answered if the city had been during all that time, in law as well as in fact, a city of the second class. The city assumed to be a city of the second class, and it acted as such under the laws of Kansas relating to cities of the second class, which were valid laws. It was recognized by everybody to be a city of the second class, as it claimed to be; it was universally reputed to be such; and it became such under color of authority. It become such by virtue of an act of the legislature, which was
With these views, it follows that the judgment of the court below must be affirmed.