54 Kan. 651 | Kan. | 1895
The opinion of the court was delivered by
The plaintiff, Uhl, brought suit to recover-the south half of lot four, in block nine, in the city of Fredonia. The defendants answered, denying his title. On the trial, it was admitted that the plaintiff was the owner of the land, unless the title of John Risse, the plaintiff’s grantor, had been divested by a tax deed, under which the defendants claim. The tax deed offered in evidence shows that a number of distinct tracts were sold together for one gross sum, and on the issue as to the title to the property the court found in favor of the plaintiff. The defendants thereupon made application for a determination of the'amount of taxes paid by them, and those under whom they claimed. At a subsequent term of court this matter was considered. The tax deed bears date June 9, 1875, and it is based on the taxes for the year 1871.
It appears from the evidence that about .the year 1874 John Risse, who then owned the property, put it in charge of Charles Blume to sell. At that time there was a shop, which he used for a stable, and a small house on the half lot. Blume continued in charge of the property until after the tax deed was issued, and thereafter he paid rent to Roadcap, the grantee named in the tax deed. Afterward Blume bought the property from the administrator of Roadcap’s estate, and the title of the defendants was derived through mesne conveyances from Blume. There is evidence to the effect that the shop was worth about $90, and the house about $50, and it appears that Roadcap moved the house off the lot into the country, and that Erp, to whom Blume conveyed, moved the stable off. Two questions are argued by the plaintiff in error: First. It is claimed that Blume, being in possession of the lot, was bound to pay the taxes on it, and that when he took the con