Ragan v. James
Supreme Court of Kansas
Error from Wyandotte District Oourt. This action was commenced by Mary A. E. Eagan, George T. Eagan, and Mary G. Eagan, as plaintiffs, against* David E. James and Peter W. Deitsch, as defendants, to quiet their title to a certain tract of land in Wyandotte county. The plaintiffs claimed the land as the heirs at law of Coleman Ragan, deceased.
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Error from Wyandotte District Oourt. This action was commenced by Mary A. E. Eagan, George T. Eagan, and Mary G. Eagan, as plaintiffs, against* David E. James and Peter W. Deitsch, as defendants, to quiet their title to a certain tract of land in Wyandotte county. The plaintiffs claimed the land as the heirs at law of Coleman Ragan, deceased. They allege that said deceased was in possession of said land at and for a long time prior to his death, and that they, the plaintiffs, have been in possession thereof ever since that time. They allege that legal title to said land was in the defendant…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The plaintiffs in error were plaintiffs below. The cause was tried by the court, and judgment awarded plaintiffs, and on motion of defendants a nexo • trial was granted. To reverse the order granting a new trial the plaintiffs bring the cause to this court.
The only ground relied upon in this court to sustain the order of the court below, is surprise, the other alleged causes being abandoned. The surprise consisted in this: *357Peter "W. Deitseh was the defendant chiefly interested in the result of the trial. He had bought the land in…
2Cited by3 opinions
- Lindsey v. GoodmanSupreme Court of Oklahoma · 1916
- Green v. BulkleySupreme Court of Kansas · 1879
- Turner v. Elbing State BankSupreme Court of Kansas · 1913