Deitzler v. Wilhite
Supreme Court of Kansas
Error from Lyon District Court. The plaintiff in error, as plaintiff below, brought suit to recover a lot in Emporia, and also damages for the use and occupancjr thereof. The record recites that “a jury being waived, the court then heard the evidence on the question of title, reserving the issues made by plaintiff’s second cause of action,” and after consideration the court rendered judgment in favor of the plaintiff for the recovery of the lot.
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Error from Lyon District Court. The plaintiff in error, as plaintiff below, brought suit to recover a lot in Emporia, and also damages for the use and occupancjr thereof. The record recites that “a jury being waived, the court then heard the evidence on the question of title, reserving the issues made by plaintiff’s second cause of action,” and after consideration the court rendered judgment in favor of the plaintiff for the recovery of the lot. The defendant then asked the court to determine his tax lien, his title being based on a tax deed which the court held void, and further moved the…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
Two questions only are urged on our consideration : First. Is the plaintiff entitled to have $12 per month, the value of the use and occupation of the lot with the improvements for the full time the property was occupied by the defendant, set off against the value of the improvements awarded the defendant? Second. Is the amount allowed the defendant for his tax lien excessive?
It is argued that the occupying claimant’s law was not correctly construed by the trial court, and that if such a construction as was given it is proper, then that it…
2Cases cited1 opinion
- Uhl v. SmallSupreme Court of Kansas · 1895
3Cited by4 opinions
- Van Wagoner v. WhitmoreUtah Supreme Court · 1921
- Guy Pine, Inc. v. Chrysler Motors Corp.Supreme Court of Kansas · 1968
- Gibson v. FieldsSupreme Court of Kansas · 1908
- Hills v. AllisonSupreme Court of Kansas · 1909