88 Kan. 510 | Kan. | 1913
The opinion of the court was delivered by
The actions in which these appeals were taken were instituted by the holders of rival tax titles to the land in controversy.
The original title was vested in Adelaide S. Alden, who died in 1902. Neither she nor her heirs ever held actual possession. In February, 1903, a tax deed, regular on its face, but based on irregular proceedings, was issued to Marion Proctor and was duly recorded. In September, 1906, another tax deed was issued to Franklin Banchor and was duly recorded. This deed was good on its face, but was voidable for a number of reasons. In December, 1909,.Banchor found the land unoccupied and took possession. In 1910 he brought suit to quiet his title, making Proctor and the unknown heirs of Adelaide S. Alden parties defendant. Proctor answered, claiming title under his tax deed, alleging possession and asking that his title be quieted against Banchor. At the trial the allegation of possession and the prayer for affirmative relief were withdrawn. Judgment was rendered refusing to quiet Banchor’s title as against Proctor, and Banchor appeals. (Case No. 17,889.)
It is claimed that Proctor suffered his interest in the land to lapse by failing to take possession within two years from the recording of his tax deed. In 1904 an agent of a company said to be acting for Proctor entered upon the land in his name and leased to a tenant who sublet to a resident of the neighbor
In the action to quiet title a judgment was taken by default against the Alden heirs. Afterwards Eben C. Crockett and Adelaide A. C. Somes appeared and procured this judgment to be opened. They answered the petition, claiming that they were heirs of Adelaide S. Alden and asserting that the Banehor tax deed was invalid, and prayed for possession. Judgment was rendered to the effect that Banehor had no claim upon the lan'd except a lien for taxes, and providing that he be ejected and Crockett and Somes be placed in possession upon their satisfying the lien. Banehor appeals. (Case No. 18,118.)
Crockett and Somes established inheritance from Adelaide S. Alden, but the number of such heirs and
The Hays Land and Investment Company purchased the Proctor title, and in March, 1911, brought an independent action to redeem frorii Banchor. The cause was submitted on the evidence introduced in the suit to quiet title, and judgment was rendered for the land company. Banchor appeals. (Case No. 18,119.)
The statute provides that “any owner, his agent or attorney,” may redeem. It is argued that the Hays Land and Investment Company is merely the assignee of a tax lien and consequently is not an owner within
The judgment in each case is affirmed.