"1.
August 1, 1860, Benoni Pritchard received a patent from the
United States for the S.W. 1/4 of section 12, T.22, R.11, in
Greenwood county, Kansas.
"2.
January 15, 1870, said Benoni Pritchard and his wife Margaret
made a will, by the terms of which they devised the N. 1/2 of
the S.W. 1/4 12-22-11 to their children, J. L. Pritchard and
Narcissa Pritchard, jointly, which will was duly proven and
probated after the death of said Benoni Pritchard, who died
January 30, 1870.
"3.
During the year 1872, the said J. L. Pritchard and Narcissa
Pritchard went into possession of and occupied the said N.
1/2 of said S.W. 1/4 12-22-11, under said will, each having
and owning the undivided half thereof.
"4.
In 1872, the said N. 1/2 of said S.W. 1/4 was duly and
legally assessed for taxation in the name of Margaret
Pritchard, and on the 6th day of May, 1873, was duly sold for
the tax of 1872, said tax then being unpaid and delinquent,
and, in default of other bidders, was stricken off to
Greenwood county, for the amount of tax and charges due
thereon, viz.: $ 11.65.
"5.
In 1873, the said N. 1/2 of said S.W. 1/4 was again duly
assessed for taxation for that year, and in the said name and
description as in 1872, and the amount of tax, penalty and
costs carried back and added to the sale of 1873, as provided
by law.
"6.
In 1874 said land was duly assessed for taxation in separate
descriptions, as follows: The N. 1/2 of the N. 1/2 and the S.
1/2 of the N. 1/2 of said S.W. 1/4 12-22-11, and so placed on
the tax-rolls of that year.
"7.
In 1874 the taxes of 1873 were paid.
"8.
October 24, 1874, said Narcissa Pritchard, then Narcissa
Bush, and her husband J. W. Bush, conveyed the undivided
one-half of the S. 1/2 of the N. 1/2 of said S.W. 1/4 to J.
L. Pritchard, aforesaid.
"9.
December 5, 1874, said J. W. Bush redeemed the undivided
one-half of the said N. 1/2 of said S.W. 1/4 12-22-11.
"10.
February 13, 1875, the said J. L. Pritchard paid the first
half of the tax of 1874 on the said S. 1/2 of the N. 1/2 and
also on the said N. 1/2 of the N. 1/2 of said S.W. 1/4, and
on said day sold and conveyed the said south half of the N.
1/2 of said S.W. 1/4 to Horatio Pritchard, the defendant
herein, who has ever since been, and at the commencement of
this action was, and now is, in the possession thereof and
claiming to be the owner thereof.
"11.
Oct. 3, 1877, the board of county commissioners of Greenwood
county, Kansas, commenced an action in the district court of
said county, under chapter 39, Session Laws of 1877 of this
state, for the sale of the said S. 1/2 of the N. 1/2 of said
S.W. 1/4 section 12, T.22, R.11, at judicial sale, for the
collection of the taxes, interest and penalty thereon, and on
said day filed in said court under said chapter, their
petition entitled 'The Board of County Commissioners of
Greenwood County v. The Northwest Quarter of Section 3, in
Township 22, Range 10, and other property, and William J.
Foster, Joseph Hall, J. W. Tilton, and others unknown, and
all persons claiming or having an interest therein.' And
as part of said petition, and filed therewith, was an
exhibit, in which the said S. 1/2 of the N. 1/2 of the said
S.W. 1/4 12-22-11 was described as the property of Margaret
Pritchard, and the notice prescribed and required by said
chapter 39, Laws of 1877, was duly published.
"12.
At the May term, 1878, of the court, judgment was rendered by
said district court in said cause, in which it was adjudged
that the said S. 1/2 of the N. 1/2 of said S.W. 1/4 12-22-11,
was the property of said Margaret Pritchard, and judgment was
rendered against said tract of land for the taxes, interest
and penalties thereon, amounting to the sum of $ 66.47, and
for costs, taxed at $ 2.95; and it was ordered by said court
that said tract of land be sold according to the provision of
said law for the satisfaction of said judgment and the costs
of said proceeding and sale, and that the over-plus, if any,
be paid to said owner. The accrued costs on said judgment
amount to $ 10.15, and the interest thereon up to the sale
next hereinafter mentioned amounts to $ 3.30.
"13.
Afterward, and in pursuance of said judgment and order, and
in full compliance with the provisions of said chapter 39,
Laws of 1877, said land was duly appraised, advertised and
offered for sale, and no person having bid two-thirds of the
appraised value thereof when first offered for sale, said
tract was on the next offer for sale thereof, on the 11th day
of November, 1878, and in default of other bidders, sold to
said Greenwood county for the amount of taxes, penalties,
interest, and charges due thereon.
"14.
Afterward, on the 23d day of November, 1878, the proceedings
of the officer making such sale were duly examined by said
district court, and by said court were fully approved and
confirmed, and said officer, the sheriff of said county, was
thereupon duly ordered and directed by said court to make,
execute and deliver to said Greenwood county, the purchaser
at said sale, a deed for said tract of land so purchased as
aforesaid.
"15.
January 1, 1879, the sheriff of said county duly executed,
acknowledged and delivered to the board of county
commissioners of Greenwood county, a deed in due form of law
to said tract of land, viz., the S. 1/2 of the N. 1/2 of the
S.W. 1/4 12-22-11, in said Greenwood county, Kansas; which
deed was duly recorded in the office of the register of deeds
in and for said county, on the 3d day of February, 1879.
"16.
February 28, 1879, said Greenwood county duly conveyed said
S. 1/2 of the N. 1/2 of said S.W. 1/4 12-22-11, by its deed
of general warranty of that date, to Matthias Madren, his
heirs and assigns, in consideration of the sum of $ 24, by
said Madren paid to said county; which deed was duly executed
by the chairman of said board of county commissioners of said
county, and was so executed on the order of said board, which
deed was recorded in the office of the register of deeds in
and for said county, on the 3d day of March, 1879.
"17.
June 2, 1879, said Matthias Madren, by his deed with full
covenants of warranty of that date, duly executed,
acknowledged, delivered and conveyed to Agnes Seward, her
heirs and assigns, said last above described tract of land,
in consideration of the sum of $ 1,000, said Madren then
being a single man and the said Seward an unmarried woman.
Said deed was duly recorded in the office of the register of
deeds in and for said county, on the 15th day of January,
1880.
"18.
After the execution and delivery of the last-mentioned deed,
and on the 2d day of June, 1879, said Madren and said Agnes
Seward were married to each other, and ever since have been,
and now are, husband and wife, she being the plaintiff
herein.
"19.
July 19, 1879, said Horatio Pritchard, defendant herein,
commenced an action in this court to quiet his title to the
lands in controversy herein, against the title of the
plaintiff herein, in which action said Horatio Pritchard was
plaintiff and said Matthias Madren was defendant; that the
only issue in said cause was as to who had title to said
land; which action was tried in this court at the November
term, 1879; and to support his claim to said land, said
Pritchard introduced and proved the facts found in the 1st,
2d, 3d, and 8th conclusions of fact herein, and the
conveyance to himself and possession of said land as
mentioned and found in the 10th conclusion of fact herein.
And the said Madren, to show his title thereto, introduced
and proved the facts found in the 11th, 12th, 13th, 14th,
15th and 16th conclusions of fact herein. And said cause
having been so tried, judgment was duly rendered thereon at
said term against said Pritchard and in favor of said Madren,
for costs. Afterward said Pritchard filed his petition in
error in the supreme court to have said judgment reversed,
and at the July term of said court, 1880, said judgment was
duly affirmed.
"20.
The use and occupation of said land since its purchase by
said Agnes Madren on June 2, 1879, has been reasonably worth
the sum of $ 2.50 per acre per year.
"21.
May 10, 1881, said Horatio Pritchard, defendant herein, filed
in this court his application under § 77 of the code of
civil procedure, and at the December term of this court,
1881, he was permitted to file his answer and make defense in
the case of The Board of County Commissioners of Greenwood
county, Kansas, v. The Northwest Quarter of Section 3, etc.,
mentioned in the 11th conclusion of fact herein, and upon the
final hearing of said defense, the judgment in said cause was
modified so far as it related to the land in controversy
herein, reducing the amount thereof rendered against said
land for taxes, interest and penalties thereon, from the sum
of $ 66.47 to the sum of $ 26.22."
