Hale v. Sweet

• Decision Date: 01 March 1898
• Docket Number: 269
• Citation: 53 P. 279,7 Kan.App. 409
• Parties: CHARLES P. HALE v. C. B. SWEET
• Court: Kansas Court of Appeals

53 P. 279

7 Kan.App. 409

CHARLES P. HALE v. C. B. SWEET

No. 269

Court of Appeals of Kansas, Southern Department, Central Division

March 1, 1898

Opinion Filed May 19, 1898

Error from Crawford district court; J. S. WEST, judge. Reversed.

Judgment reversed and cause remanded.

Morris Cliggitt, and Cogswell & Gregg, for plaintiff in error.

W. R Cowley, for defendant in error.

OPINION

SCHOONOVER, J.:

The right of this court to review the judgment of the court below is challenged upon the ground that the amount in controversy exclusive of costs, does not exceed $ 100.

The record contains the following statement: "The amount involved herein in this suit and the matter in controversy exceeds the sum or value of $ 1000, exclusive of interest and costs." This statement is sufficient to confer jurisdiction.

In the case of Loomis v. Bass, 48 Kan. 26, 28 P. 1012, our supreme court says:

"Under paragraph 4642, General Statutes of 1889, the record brought to this court must affirmatively show that the court has jurisdiction, or the case will be dismissed. Such jurisdiction can be shown by making the record show that the amount or value of the controversy exceeds $ 100, or by incorporating therein a certificate of the district judge showing that the case is within the exception of such statute."

This is an action in the nature of ejectment. The plaintiff claims title to two certain lots in Pittsburg, Crawford county. The defendant's claim of title to the lots is based upon two tax deeds, the validity of which is the principal question in this case.

Upon the trial, the plaintiff in error, plaintiff below, objected to the introduction of the deeds for the reason that they were incompetent, irrelevant, and immaterial, and were void on their face and insufficient to convey title. The recitals in the deeds are identical in form except as to the name of the purchaser and the amount of the taxes. The recital of the sale and the granting clause are as follows:

"WHEREAS At the place aforesaid, Mrs. K. Karst, of the county of and state of , having offered to pay the sum of $ 2.26, being the whole amount of taxes, interest and costs then due and remaining unpaid upon said property for the year 1887, which was the least quantity bid for, and payment of said sum having been by her made to the treasurer, the said property was stricken off to her at that price; and whereas, the said Mrs. K. Karst did, on the 20th day of July, 1891, duly assign the certificate of the sale of the property as aforesaid, and all her rights, title and interest to the said property, to J. D. Brailey; and whereas, the...