(DOWNLOAD) "Board of County Comm'Rs of Cherokee County v. Smith" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Board of County Comm'Rs of Cherokee County v. Smith
- Author : Supreme Court of Kansas
- Release Date : January 08, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The opinion of the court was delivered by This was a proceeding by motion in a tax foreclosure action to set aside all proceedings therein including the foreclosure judgment and sheriff's deed on the ground all proceedings were void on their face. The motion was overruled and the movant, J.R. Smith, has appealed. The foreclosure action was instituted by the board of county commissioners of Cherokee county. The single cause of action, No. 237 here involved and included in the petition, pertained to real estate of which The Robinson Coal Company, a corporation, was the record title owner. The purchasers thereof at sheriff's sale were Thomas Hodgson and Josephine Hodgson, his wife. The unverified motion to set aside all foreclosure proceedings as void was filed by J.R. Smith. His motion alleged he was the owner of the real estate in question by virtue of a deed executed and delivered to him by The Robinson Coal Company. The date of the delivery of such deed was not stated and it was not alleged such deed was recorded. The record presented to this court does not disclose any evidence was introduced in support of Smith's motion. It was and is appellant's theory the proceedings are void on their face and the purchasers at the sheriff's sale obtained no title to the real estate. Appellant predicates his right to maintain the instant proceeding solely on the authority of G.S. 1935, 60-3009 which reads: ""A void judgment may be vacated at any time, on motion of a party or any person affected thereby.""
 "Board of County Comm'Rs of Cherokee County v. Smith" by Supreme Court of Kansas " eBook PDF Kindle ePub Free){kind=link}