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eBook details

• Title: Jesberg v. Klinger
• Author : Supreme Court of Kansas
• Release Date : January 11, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The opinion of the court was delivered by The trial court entered its order in each of these appeals
sustaining defendant's general demurrer to plaintiff's petition
and plaintiffs appealed therefrom. The appeals were consolidated
for appellate review and we will consider them as one. The pertinent portions of plaintiff's petition in brief alleged
that defendant at all times was a cotenant of plaintiff and an
owner of minerals in place and that plaintiff owned an undivided
one seventh interest in such minerals. On August 15, 1955, the
county commissioners by their resolution caused a tax foreclosure
action to be filed on April 5, 1956. On April 9, 1956, an
affidavit for service by publication was filed, but plaintiff had
no actual knowledge or notice prior to October 1, 1956. On June
11, 1956, judgment was entered in the action at which time
plaintiff was in default of appearance or pleading. On June 12,
1956, an order of sale
[184 Kan. 520]

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