27 Kan. 190 | Kan. | 1882
The opinion of the court was delivered by
This was an action in the nature of ejectment, to recover a quarter-section of land situate in Miami county. The plaintiff showed a chain of title from the government. The defendants showed a chain of title from the grantee of the tax deed. The defendants recovered judgment. The plaintiff brings the case here.
The assumed want of authority on the part of the county clerk to make the assignment of the tax certificate is based upon the decision in Sapp v. Morrill, 8 Kas. 677. That decision is not applicable, because the assignment of the tax certificate on the 9th of September, 1868, was made under the provisions of § 145, p. 1063, Gen. Stat. of 1868, then in force. This section reads:
“That all certificates of the sale of lands heretofore made to the respective counties, and in the charge of the county treasurer, shall be by said treasurer delivered to the county clerk, who is hereby authorized to transfer or assign the same in the same manner and on the same conditions as certificates issued under the provisions of this act.”
“Any suit or proceeding against the tax purchaser, his heirs or assigns, for the recovery of the land sold for taxes, or to defeat or avoid a sale or conveyance of land for taxes, ■ except in cases where the taxes have been paid, or the land redeemed as provided by law, shall be commenced within five years from the time of recording the tax deed, and not thereafter.” (See also Keith v. Keith, 26 Kas. 27.)