Eaton v. Giles
Supreme Court of Kansas
Frror from Shawnee County. The facts of the case, sufficient for the presentation of the points decided, appear in the subjoined opinion of the court. 1. Proof of the deed from McKown and wife, and that the lot conveyed was vacant, and proof of a tender of the amount of the taxes, was constructive evidence of possession and a prima facie case was made out; for no actual entry by the grantee is necessary in this country, in order to give him seizin in deed when the land is…
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Frror from Shawnee County. The facts of the case, sufficient for the presentation of the points decided, appear in the subjoined opinion of the court. 1. Proof of the deed from McKown and wife, and that the lot conveyed was vacant, and proof of a tender of the amount of the taxes, was constructive evidence of possession and a prima facie case was made out; for no actual entry by the grantee is necessary in this country, in order to give him seizin in deed when the land is vacant. Walks vs. Prime, 4 Mass., 64; Green Chelsea, 24 Pick., 71; Jackson v. Howe, 14 John., 406; Bates v. Nor cross, 14…
1Opinion of the Court
By the Court,
Kinsman, C. J.
This action was brought under section 569, of the code of civil procedure [Comp. L., 224.] for the purpose of quieting the .title of plaintiff to lot No. 208, Kansas avenue, in the city of Topeka.
The plaintiff alleges in his petition that he has the title to, and is in the peaceable possession of said lot and *27that the defendant claims an estate therein adverse to the plaintiff.
The defendant denies the title and possession of plaintiff and sets up title and possession in himself.
The evidence on the part of the plaintiff' shows a deed from George M. McKown and wife to…
2Cases cited2 opinions
- Ward v. . DeweyNew York Court of Appeals · 1858
- Von Phul v. PennSupreme Court of Missouri · 1861
3Cited by14 opinions
- Douglass v. NuzumSupreme Court of Kansas · 1876
- Brenner v. BigelowSupreme Court of Kansas · 1871
- Wood v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1873
- Cartwright v. McFaddenSupreme Court of Kansas · 1881
- Giles v. OrtmanSupreme Court of Kansas · 1873
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