86 Kan. 227 | Kan. | 1912
'The opinion of the court was delivered by
Albert E. King brought this action in ejectment on May 29, 1909, claiming title to the land in question by virtue of a quitclaim deed, made and executed on November 18, 1908, by T. F. Fanning, as •sole and lawful assignee of The Farmers Loan & Trust ‘Company of Kansas, which company, it is admitted, became the owner of the patent title on July 12, 1889, and, on April 10, 1890, it made a general assignment for the benefit of creditors. W. H. and O. T. Wilson, defendants below and appellees herein, claim title to the land by virtue of a warranty deed made by B. Maxwell on December 17, 1904, who was the holder of a tax deed filed of record June 16, 1904. Maxwell, while .'holding the tax title, instituted a suit against The .Farmers Loan & Trust Company, a corporation, et al., giving notice by publication, and, on October 18, 1904, obtained a decree quieting the title in himself as • against the company.
Appellant has no title to the land in question if the decree of October 18, 1904, in the case of Maxwell v. The Farmers Loan & Trust Company, a .corporation, is 'binding as against The Farmers Loan & Trust Company of Kansas and its assigns, as was held by the trial court.
Does the misnomer in the publication notice render the judgment ineffectual? It is insisted that the cor
(See, also, Whitney v. Masemore, 75 Kan. 522, 89 Pac. 914; Sharp v. McColm, 79 Kan. 772, 101 Pac. 659; Blinn v. Chessman, 49 Minn. 140, 51 N. W. 666; Schee v. LaGrange, 78 Iowa, 101, 42 N. W. 616; The Precious Blood Society v. Elsythe, 102 Tenn. 40, 50 S. W. 759; Grocery Co. v. Home Brewing Co., 60 W. Va. 281, 54 S. E. 349; Chadsey v. McCreery, 27 Ill. 253.)
(See, also, State ex rel. &c. v. Telephone Co., 36 Ohio St. 296; Adler v. Kansas City, Springfield & Memphis Ry. Co., 92 Mo. 242, 4 S. W. 917; Clement v. City of Lathrop, 18 Fed. 885; Clifford v. Thun, 74 Neb. 831, 104 N. W. 1052; Coulter v. Trustees of Western Theological Seminary, &c., 29 Md. 69.)
It is clear that the court acquired jurisdiction of the company by the notice and that the judgment in the Maxwell case was binding on The Farmers Loan & Trust Company of Kansas and its assigns.
The judgment in this case is therefore affirmed.