The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
No. 15417.
Charles q. Gibson


No. 15417.
Charles e. Gibson
R. NJ. F r
Error from Scott County
AFFIRMED.
syllabus. By the Court Johnston. C. !.
mere an action to quiet title IL be-
gun against several defendants less than
five years after a certain tax deed fheraon
mas peen recorded and the holder of suoh
tax deed is not made a defendant in The
acsion, or brought into court. until more
than five years after the recording of his
deed has elapsed, the action will be deem
ed to be commenced as to him when he
be entitles 70 INTO uof court and he win then
ton and presumptions which the lapse Of
the statutory limitation gives to 4 tax
?. A tax deed. executed under the COM
promise provision, Laws of 1885, Chapter
~. section 10, and in substantial com
piiance with the requirements of that pro-
hve years after it was recorded, is not void
on its face because the granting clause
OF the deed does not specify the particular
years for the taxes Of which the land was
All the Justices concurring.
Attest: D.A. VALENTINE,
tSeaLI Clerk Supreme Court
No. l541s
Charles e. Gibson
We.
Jennie Terrell.
Error from Lane County s5.-
AFFIRMED.
SYLLABUS: By the Court. Burch, j.
1, district court. acting upon prin-
not provided for by the code of civil pro-
cedure. permit one not a party to the suit
to Intervene either before or after judy
Of some right with reference to the sub
holds.
leave to intervene must show that the ap-
phcant has been dfHgent in seeking the
aid of the court rsT
8. Such an application is addressed to
the sound discretion Of the court and an
order denying leave to intervene will not
be set aside unless 1t clearly appears that
the discretion permitted in the matter has
been abused.
All the Justices concurring.
Attest: D. A. VALENTINE
tSeall Clerk Supreme Court.
NO 15419
Charles e. Gibson.
vs..
Adam e. Asst and Emma J. Asst.
Error from Ellis County.
AFFIRMED.
Syllabus. By the Court, Smith, j.
l. One who has procured a tax deed to
a tract of land is not a privy in title to
the former owner has executed a promis-
sorry note. secured by a mortgage on the
land, the holder of the tax deed cannot
plead the statue Of limitations as de-
Tense In an action brought by the holder
Of such note and mortgage to foreclose
the mortgage on the land.
2. A tax deed which has been issued and
recorded for more than five years Is not
void upon It's face for the reason that 1t
does not recite the amount for which the
county. treasurer bid in the land for the
county at the tax sale when the deed does
recite that the treasurer did. nearly three
years thereafter, assign a tax certificate
thereon "for the sum OF sixty-one dollars
and 70 cents, being equal to the cost OF
redemption at that time" the 18th day OF
August, 1897, and the deed further recites
the amount OF the delinquent taxes FOR
each year; the amount for which the
treasurer bid off the land is, then, q mat
ter of simple computation.
All the Justices concurring.
A true copy. &C
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
No. 1890.
Charles E. Gibson
We.
J. s.. Simmons ct al.
Error from Lane County.
REVERSED.
Syllabus By the Court. Porter, J.
1. Before a debtor who is absent from
the state when a cause Of action accrues
against him and who rnakea fefnr,orarv mr.