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BOARD OF COUNTY COMMISSIONERS v. MATLOCK

No. 43,380

192 Kan. 272 (1963)

387 P.2d 211

THE BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, Appellant, v. LESTER MATLOCK, Appellee.

Supreme Court of Kansas.

Opinion filed December 7, 1963.

Attorney(s) appearing for the Case

George McCarthy, of Wichita, argued the cause, and Ralph E. Gilchrist and H. Jay Setter, of Wichita, were with him on the briefs for appellant.

W. Jay Esco, of Wichita, argued the cause, and Lloyd F. Cooper, Dale H. Cooper and Richard A. Loyd, of Wichita, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from an order of the district court sustaining defendant's demurrer to plaintiff's petition. The point involved is whether a board of county commissioners may sue a purchaser of real estate who agreed in writing with the vendor to pay the taxes as they became due, and recover a personal judgment against him for the amount of the delinquent taxes.

We answer the question in the negative...

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