28 Kan. 292 | Kan. | 1882
The opinion of the court was delivered by
Owing to her .disqualification to take title, neither the statute of limitations of 1868 nor 1876 applies. But counsel for defendant in error contend that even if there had been upon her part an obligation to pay the taxes, and instead of paying them she obtained the deeds to herself in fraud of the rights of the owner, that such fraud is now beyond his reach or inquiry of his grantees, as a suit to set aside the deeds has long since been barred by the general limitation law.
The judgment of the district court must be reversed, and the case remanded with direction to the court below to enter judgment upon the findings of fact in favor of plaintiffs in error.