15 Kan. 157 | Kan. | 1875
The opinion of the court was delivered by
Plaintiff in error devotes a considerable portion of his brief to show that § 13 of ch. 30, Laws of 1859, does not avail the title of defendant in error. Defendant in error yeems in his brief to concede the point; at least, he makes no claim under that section. Nor indeed could he make any successful claim, for the only persons entitled to any rights under it are, “subsequent purchasers for* a valuable consideration, without notice.” And there is nothing to show that plaintiff’s grantor, J. M. Alvey, ever paid any thing for the lot, or that plaintiff was not fully cognizant all the time of the county’s claim and deed.
The judgment of the district court must be reversed; and there being no exception to the referee’s findings of fact, the case will be remanded with instructions to enter judgment for plaintiff in error, defendant below, for his costs.