Sherry v. Sampson
Supreme Court of Kansas
Error from Marshall District Court. Ejectment, brought by Sherry, to recover possession of two lots in the town of Marysville, (formerly Palmetto.) Plaintiff claimed title in fee simple. Sampson answered, alleging title in himself. The action was tried before the court, .without a jury, at the October Term 1872. Other facts are stated in the opinion. Judgment for defendant, and Sherry brings the case here on error.
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Error from Marshall District Court. Ejectment, brought by Sherry, to recover possession of two lots in the town of Marysville, (formerly Palmetto.) Plaintiff claimed title in fee simple. Sampson answered, alleging title in himself. The action was tried before the court, .without a jury, at the October Term 1872. Other facts are stated in the opinion. Judgment for defendant, and Sherry brings the case here on error. The only question in the case is as to the admissibility of the deed from Clardy, probate judge, to Marshall, Brewster and others, members of the Palmetto Town Company. The land…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for the recovery of certain real property. The property consists of two lots, situated in what was formerly the town of Palmetto, now Marysville, Marshall county. On the trial of the case in the court below, the plaintiff Sherry introduced in evidence a patent from the United States to Joseph E. Clardy, probate judge of Marshall county, for certain real estate, which includes the property in controversy. This patent shows that said real estate Avas patented to said “Joseph E. Clardy, probate judge of Marshall county,…
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