57 Kan. 809 | Kan. | 1897
S. A. Frazier obtained a tax deed upon a quarter-section of land in Jefferson County which he placed on record on November 17, 1890. On November 12, 1892, before the two-years’ statute of limitations had run against him, he filed in the District Court a petition in ejectment, asking a re
The first question for consideration is the action of the court in setting aside the service of the summons. The original summons, as issued and placed in the hands of the Sheriff, was a valid writ in all respects. In his return thereon, the Sheriff stated that he served it personally, by delivering to the defendant, Douglass, a true copy thereof, with all the indorsements thereon. It is said that the error in writing the year
We think the ruling setting aside the service was erroneous, and, as it operated to defeat the plaintiff’s action, it must be regarded as prejudicial error.
We have considered the objections to the jurisdiction of this Court to review the rulings of the District Court and find that they cannot be sustained.
The judgment of the District Court will be reversed and the cause remanded for a new trial.