Tellum v. Green

Supreme Court of Kansas

Tellum v. Green

256 P. 167, 124 Kan. 8, 1927 Kan. LEXIS 164

CourtSupreme Court of Kansas

DecidedJune 24, 1927

DocketNo. 27,399

StatusPublished

This text of 256 P. 167 (Tellum v. Green) 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

Tellum v. Green, 256 P. 167, 124 Kan. 8, 1927 Kan. LEXIS 164 (kan 1927).

Pincite

Opinion

The opinion of the court was delivered by

Burch, J.:

The defendant, W. A. Green, has filed a motion praying that the judgment of this court, directing the district court to quiet title of plaintiffs, be modified to allow Green a lien for taxes on the land in controversy. Green’s answer disclosed that taxes were delinquent when the land was sold to him under attachment, and that out of the proceeds of the sale the sheriff paid the taxes in the sum of $283.33. Manifestly, title ought not to be quieted in the Tellums free of taxes paid by Green’s money long after the Tellums purchased the land. Therefore, Green’s motion is allowed, and the judgment of this court is modified to include direction to -the district court to award Green a lien for taxes, enforceable by proper remedy.

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The opinion of the court was delivered by

Burch, J.:

The defendant, W. A. Green, has filed a motion praying that the judgment of this court, directing the district court to quiet title of plaintiffs, be modified to allow Green a lien for taxes on the land in controversy. Green’s answer disclosed that taxes were delinquent when the land was sold to him under attachment, and that out of the proceeds of the sale the sheriff paid the taxes in the sum of $283.33. Manifestly, title ought not to be quieted in the Tellums free of taxes paid by Green’s money long after the Tellums purchased the land. Therefore, Green’s motion is allowed, and the judgment of this court is modified to include direction to -the district court to award Green a lien for taxes, enforceable by proper remedy.

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Bluebook (online)

256 P. 167, 124 Kan. 8, 1927 Kan. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tellum-v-green-kan-1927.