Krutz v. Fisher
Supreme Court of Kansas
Error from Miami District Oowrt. Action to establish a trust, and to require trustee to execute conveyance, brought by Wm. G. Krutz and E. S. Campbell as plaintiffs, against Alpheus Fisher as defendant.
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Error from Miami District Oowrt. Action to establish a trust, and to require trustee to execute conveyance, brought by Wm. G. Krutz and E. S. Campbell as plaintiffs, against Alpheus Fisher as defendant. The material facts alleged in the petition are these: Charles "W. Statham, a resident of the State of Virginia, was the owner in fee of several tracts of land lying in the county of Miiami, in /this State. - He appointed George Eisher, (the father of the defendant,) an agent “ to sell the lands, pay taxes, protect the timber,” etc. '. Eisher resided on lands adjoining the lands of Statham; and…
1Opinion of the Court
*96Tbe opinion of tbe court was delivered by
Kingman, O. J.:
There is only one error assigned or complained of in tbe petition in error, and that is tbe overruling of tbe demurrer of plaintiffs to tbe four defenses setting up tbe several statutes of limitation; hence tbe only question for us to decide is, whether any of these several pleas was a good defense to tbe action.* If either was a good defense, then tbe demurrer, being to all jointly, was properly overruled.
Tbe question is, whether either of tbe limitations set up constitutes a defense, by itself, to tbe facts set up in tbe petition. It…
2Cases cited2 opinions
- West Buffaloe Township v. Walker TownshipSupreme Court of Pennsylvania · 1838
- Schedda v. SawyerU.S. Circuit Court for the District of Ohio · 1846
3Cited by11 opinions
- Rose v. HaydenSupreme Court of Kansas · 1886
- Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
- Battin v. WoodsWest Virginia Supreme Court · 1885
- Blaustein v. PincusMontana Supreme Court · 1913
- Stettnische v. LambNebraska Supreme Court · 1886
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