Legal Opinion

State v. Budgett

Supreme Court of Kansas

Decided July 15, 1886PublishedCited by 1 opinion

Error from Meade District Court. The defendant in error, Budgett, on February 13th, 1886, being a citizen of the United States and of the state of Kansas, made actual settlement upon, and improved thereafter the southeast quarter of section thirty-six, township thirty-two, range twenty-nine, west, in Mfeade county, and resided continuously thereon until the 13th day of April, 1886. The improvements made by him were appraised in the manner prescribed by law, at two hundred…

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Error from Meade District Court. The defendant in error, Budgett, on February 13th, 1886, being a citizen of the United States and of the state of Kansas, made actual settlement upon, and improved thereafter the southeast quarter of section thirty-six, township thirty-two, range twenty-nine, west, in Mfeade county, and resided continuously thereon until the 13th day of April, 1886. The improvements made by him were appraised in the manner prescribed by law, at two hundred dollars. On the 13th of April Budgett made application to the probate judge of that county to purchase the land described,…

1Opinion of the Court

The opinion of the court was delivered by

Houton, C. J.:

On April 13, 1886, Budgett filed his petition before the probate judge .of Meade county—a county organized November 4, 1884—to purchase a quarter-section of land in that county, under the provisions of article 14, ch. 122, Laws of 1876.

It appears in the record that when Budgett filed his petition, he had resided upon the land, only two months, and that prior to filing his petition he had taken a quarter-section of school land under the provisions ‘of the act of 1876. On February 19, 1886, ch. 152 of the Laws of 1886 took effect. This act…

2Cases cited4 opinions

  1. Frisbie v. WhitneySupreme Court of the United States · 1870
  2. People v. ShearerCalifornia Supreme Court · 1866
  3. Phelps v. KelloggIllinois Supreme Court · 1853
  4. Wilkie v. HoweSupreme Court of Kansas · 1882

3Cited by1 opinion

  1. Jensen v. FinnupSupreme Court of Kansas · 1917

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