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Nichols v. Trueman

Jay Nichols v. John W. Trueman

Nichols v. Trueman, 101 P. 633 (Kan. 1909)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
April 10, 1909
Docket
No. 15,946
Citations
101 P. 63380 Kan. 891909 Kan. LEXIS 20
Disposition
Reversed.
Syllabus
1. Practice, Supreme Court — Motion for a New Trial — Review of Ruling on a Question of Law." Where the facts were agreed to the only question presented to, or passed upon by, the trial court was one of law, and a motion for a new trial was unnecessary to procure a review of the decision. 2. Tax Deeds — Residence of Grantee. A compromise tax deed recorded five years was not void on its face because of its failure to state the address or residence of the grantee.
Summary
Error from Greeley district court; Charles E. Lob-dell, judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam:

The motion to dismiss must be denied. The cause was submitted below on an agreed statement of facts, and a motion for a new trial was unnecessary. (Atkins v. Nordyke, 60 Kan. 354 .) The only question presented to, or passed upon by, the trial court was a question of law.

The court held the tax deed void on its face because of its failure to state the address or residence of the grantee. The deed is a compromise tax deed, and had been of récord five years when this action was commenced. Since the case was decided by the trial court we have held, in Havel v. Abstract Co., 76 Kan. 336 , and Trust Co. v. Davis, 76 Kan. 639 , that such omission in a tax deed which has been of record for five years will not render the deed void on its face. On the authority of these cases the judgment-is reversed and the cause remanded, with directions to enter judgment for the defendant.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 11915: 11919: 11925: 11939: 11945: 11955: 219142026peak 1955 · 2

Relies on it most ⓘ

  1. Schubach v. Hammer232 P. 1041 (Kan. 1925)
  2. McLeod v. Palmer150 P. 535 (Kan. 1915)
  3. Bowen v. Wilson144 P. 251 (Kan. 1914)
  4. Cramer v. Browne155 P.2d 468 (Kan. 1945)
  5. Willey v. Gas Service Co.281 P.2d 1092 (Kan. 1955)
  6. Close v. Lucky O. K. Mining Co.182 P. 392 (Kan. 1919)

Most recent

  1. Colyer v. Wood283 P.2d 398 (Kan. 1955)
  2. Willey v. Gas Service Co.281 P.2d 1092 (Kan. 1955)
  3. Cramer v. Browne155 P.2d 468 (Kan. 1945)
  4. Central Fibre Products Co. v. State Tax Commission95 P.2d 353 (Kan. 1939)
  5. Schubach v. Hammer232 P. 1041 (Kan. 1925)
  6. Close v. Lucky O. K. Mining Co.182 P. 392 (Kan. 1919)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Lincoln Mortg. & Trust Co. v. Davis, 92 P. 707 (Kan. 1907) 11
Atkins v. Nordyke-Marmon Co., 56 P. 533 (Kan. 1899) 9
Havel v. Decatur Cnty. Abstract Co., 91 P. 790 (Kan. 1907) 9

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