Legal Opinion

Burnes v. McCubbin

Supreme Court of Kansas

Decided February 15, 1865PublishedCited by 14 opinions

Error from Atchison County. This case arose in Atchison county and was submitted to the court on the agreed statement that the plaintiff below leased the premises, a lot in Atchison, to Charlotte A. Crowell, by a written lease dated April 1st, 1862, in consideration of $180 per year for the term of four years, on conditions of payment of certain taxes and assessments, special and general, said lessee agreeing to refund any portion of the aforesaid taxes, that tbe lessors may…

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Error from Atchison County. This case arose in Atchison county and was submitted to the court on the agreed statement that the plaintiff below leased the premises, a lot in Atchison, to Charlotte A. Crowell, by a written lease dated April 1st, 1862, in consideration of $180 per year for the term of four years, on conditions of payment of certain taxes and assessments, special and general, said lessee agreeing to refund any portion of the aforesaid taxes, that tbe lessors may pay. In de _ fault of which and of the payment of tbe notes provided to be given for such rent, according to their…

1Opinion of the Court

*225 By the Court,

Safford, J.

The plaintiffs brought their action against R. S. McOubbin to recover the possession of certain leasehold property in the District Court of Atchison county. The cause was tried by the court upon an agreed statement of facts and judgment rendered for the defendant.

Plaintiffs then moved the court for a new trial, which was refused, and they bring the case here on a petition in error. On the trial below the plaintiffs contended that the lease by virtue of and under which the property was held, had been forfeited,

1st, Because it had been assigned without license from the…

2Cited by14 opinions

  1. Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
  2. Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
  3. Rose v. Lanyon Zinc Co.Supreme Court of Kansas · 1903
  4. Easley Coal Co. v. Brush Creek Coal Co.West Virginia Supreme Court · 1922
  5. Farmer v. PittsNebraska Supreme Court · 1922

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