Troyer v. Beedy
Troyer v. Beedy
Opinion of the Court
The opinion of the court was delivered by
The only question presented is whether the trial court erred in holding a tax deed void upon its face. The deed recited that on September 10, 1896, the property had been bid in by the county for $18.61, and that on May 13, 1899, the certificate had been assigned for $26,10. The only ground upon which the validity of the deed is challenged is that the exact amount necessary to redeem at the date of the assignment was $26.147, or a little less than five cents more than was in fact received by the county.
The assignment of the certificate for an amount substantially less than what is due renders the deed invalid. (Wilks v. DeHart, 78 Kan. 217, 95 Pac. 836.) But a slight variation one way or the other is not material unless it results from an intention to depart from the rule of the statute. (Genthner v. Lewis, 24 Kan. 309; Glenn v. Stewart, 78 Kan. 605, 97 Pac. 863.) Clearly the discrepancy in the present instance is not due to the omission of any item required by the law to be charged against the property, for the only addition to be made to the price for which it was originally sold was the interest. Therefore the difference, presumably
The judgment is reversed, and the cause remanded for further proceedings in accordance herewith.
Reference
- Full Case Name
- Zachariah Troyer v. William F. Beedy
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. 1. Tax Deeds — Consideration for Assignment of Certificate — Erroneous Computation. A tax deed is not rendered void by the fact that the certificate was assigned by the county for slightly less than the amount necessary to redeem, when the discrepancy is occasioned by an error in computation. 2. - Interest — Erroneous Computation. Where such discrepancy is traceable to the amount charged as interest the presumption is that it resulted from an error in computation. 3. -Consideration for Assignment of Certificate—Interest. The amount of such discrepancy will not be regarded as substantial if the interest charged is less than would result from a computation in which the fractions of a cent are carried out in full throughout, and greater than would result from a similar computation in which such fractions are rejected at every stage.