Same; affidavit of publication

79-2304. Same; affidavit of publication. Every printer who shall publish such list and notice shall immediately after the last publication thereof transmit to the treasurer of the proper county an affidavit of such publication, made by such person to whom the fact of publication shall be known. No printer shall be paid for such publication who shall fail to transmit such affidavit before the date of the sale. The county treasurer shall also make, or cause to be made, an affidavit or affidavits of the printing of such list and notice as above required; all of which shall be carefully preserved by him or her, and deposited as hereinafter specified. History: L. 1876, ch. 34, § 108; R.S. 1923, 79-2304; L. 1941, ch. 375, § 4; September 1. Source or prior law: L. 1866, ch. 118, § 68; G.S. 1868, ch. 107, § 83. CASE ANNOTATIONS 1. Statement and affidavit of printer held substantial compliance with statute. Mims v. Comm'rs of Finney Co., 3 Kan. App. 622, 623, 44 P. 38. 2. Transmission of affidavit to treasurer; presumed transmitted to treasurer. Douglass v. Craig, 4 Kan. App. 99, 104, 46 P. 197. Reversed: Douglass v. Craig, 58 Kan. 814, 48 P. 917. 3. Curative act relating to Graham county held constitutional. (L. 1895, ch. 271.) Inlow v. Graham County, 6 Kan. App. 391, 51 P. 65. 4. Affidavit prima facie evidence of time and manner of publication. City Rly. Co. v. Chesney, 30 Kan. 199, 201, 1 P. 520. 5. Prima facie evidence furnished by deed overthrown by affidavit. City Rly. Co. v. Chesney, 30 Kan. 199, 201, 1 P. 520. 6. Omission of affidavit of county treasurer is mere irregularity. Stout v. Coates, Assignee, 35 Kan. 382, 384, 11 P. 151. 7. Charge for printing illegal when affidavit not transmitted as prescribed. Fox v. Cross, 39 Kan. 350, 355, 18 P. 300. 8. Tax sale vitiated by including illegal fee for printing notice. Blanchard v. Hatcher, 40 Kan. 350, 20 P. 15. 9. Printer cannot recover pay for printing when affidavit not transmitted. Moriarty v. Comm'rs of Morris Co., 52 Kan. 199, 200, 34 P. 781. 10. Deed voidable if fee included when affidavit not transmitted. Douglass v. Walker, 57 Kan. 328, 330, 46 P. 318. 11. Requirement concerning proof by printer not applicable to redemption notice. Morrow v. Inge, 89 Kan. 481, 483, 131 P. 1184. 12. Erroneous inclusion of printer's advertising fees; sufficiency of evidence. Lyle v. Raynolds, 112 Kan. 365, 368, 210 P. 1093. 13. Tax deeds held voidable for wrongful inclusion of advertising fees. Martin v. Cundell, 140 Kan. 635, 636, 38 P.2d 100. 14. Deed voidable if fee included when affidavit not transmitted. Pearcy v. Williams, 163 Kan. 439, 441, 442, 443, 447, 183 P.2d 243. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026