80 Kan. 624 | Kan. | 1909
The opinion of the court was delivered by
The action was to foreclose a mortgage made by John Finley and wife and assigned to the plaintiff, C, W. Carson. The defendant, Jay Fulbright, was in possession of the mortgaged premises claiming title in fee, under a tax deed in regular form recorded more than five years before the suit was commenced. Judgment was rendered for the defendant.
Under section 141 of the tax law (Gen. Stat. 1901, § 7680) the tax deed is invulnerable to this attack unless the facts of this case distinguish it from many others decided by this court protecting the party.in possession under tax deeds which had been of record more than. five years when assailed. The plaintiff 'claims that it should be so distinguished.
After the tax deed had been of record for more than ten years, and while the defendant was in possession
One who is not under any obligation to pay taxes upon land, nor in privity with one so liable, may obtain a tax title thereto, and when in possession and claiming title under such a tax deed, apparently valid,, may accept a conveyance from the former owner without incurring thereby the risk of losing his land for
The conclusions of the district court were in harmony with these views, and the judgment is affirmed.