State ex rel. Boynton v. Millhaubt

Supreme Court of Kansas

State ex rel. Boynton v. Millhaubt

34 P.2d 577, 140 Kan. 162, 1934 Kan. LEXIS 29

CourtSupreme Court of Kansas

DecidedJuly 7, 1934

DocketNo. 31,771

StatusPublished

This text of 34 P.2d 577 (State ex rel. Boynton v. Millhaubt) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Boynton v. Millhaubt, 34 P.2d 577, 140 Kan. 162, 1934 Kan. LEXIS 29 (kan 1934).

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Opinions

The opinion of the court was delivered by

Smith, J.:

This is an original proceeding in mandamus by which the state seeks to require the county officials of Sedgwick county to repay the estate of Margaret Schindler certain taxes, and to strike the property of the estate of Margaret Schindler from the tax rolls of the county.

[163]*163The theory of plaintiff is that Margaret Schindler died intestate and without heirs. The state claims that immediately on her death the title to the real estate vested in the state and hence cannot be taxed.

This question was settled adversely to the claims of the state in the case of McVeigh et al. v. First Trust Co., ante, p. 79, this day decided. Under the rule announced in syllabus 1 of the opinion in that action the writ is denied.

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The opinion of the court was delivered by

Smith, J.:

This is an original proceeding in mandamus by which the state seeks to require the county officials of Sedgwick county to repay the estate of Margaret Schindler certain taxes, and to strike the property of the estate of Margaret Schindler from the tax rolls of the county.

[163]*163The theory of plaintiff is that Margaret Schindler died intestate and without heirs. The state claims that immediately on her death the title to the real estate vested in the state and hence cannot be taxed.

This question was settled adversely to the claims of the state in the case of McVeigh et al. v. First Trust Co., ante, p. 79, this day decided. Under the rule announced in syllabus 1 of the opinion in that action the writ is denied.

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Bluebook (online)

34 P.2d 577, 140 Kan. 162, 1934 Kan. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-boynton-v-millhaubt-kan-1934.