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CHAPIN v. AYLWARD

No. 45,511

204 Kan. 448 (1970)

464 P.2d 177

W. LUKE CHAPIN and RUTH CHAPIN, His Wife, Appellants, v. J.A. AYLWARD and R.A. AYLWARD, Partners, d/b/a AYLWARD DRILLING COMPANY, and CITIES SERVICE GAS COMPANY, a Corporation, Appellees, and MARATHON OIL COMPANY, a Corporation; N. APPLEMAN COMPANY, a Sole Proprietorship Owned by Nathan Appleman; HAROLD MELLOR; BARTHEL N. LIES and REV. MICHAEL J. LIES, Intervening Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

Gordon Penny, of Medicine Lodge, argued the cause and was on the brief for appellants.

Leo R. Wetta, of Wichita, argued the cause and was on the brief for Barthel N. Lies and Rev. Michael J. Lies, intervening defendants-appellees.

George B. Collins, of Wichita, argued the cause, and Robert M. Collins, of Wichita, was with him on the brief for the other named appellees.

The opinion of the court was delivered by

PRICE, C.J.:

This case grows out of a tax foreclosure action.

K.S.A. 79-2804b provides that all actions to open, vacate, modify or set aside any tax foreclosure judgment or any sale made thereunder, must be commenced within twelve months after the date of confirmation of the sale, and that such time limitation is to be construed as a condition precedent to the bringing of any such action and not as a statute...

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