Schoonover v. Tyner
Supreme Court of Kansas
Error from Elk district court; Granville P. Airman, judge. STATEMENT. This was an action in ejectment for the recovery of the undivided one-sixth interest in the southwest quarter of section 28, township 28 south, range 13 east, in the county of Elk. Judgment having been rendered against the plaintiff, he prosecutes this proceeding.
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Error from Elk district court; Granville P. Airman, judge. STATEMENT. This was an action in ejectment for the recovery of the undivided one-sixth interest in the southwest quarter of section 28, township 28 south, range 13 east, in the county of Elk. Judgment having been rendered against the plaintiff, he prosecutes this proceeding. The substantial facts upon which the rights of the parties must be determined are as follow: George W. Knox was a widower and the father of six children— George W., jr., Sarah, Columbus, Margaret, Emaline, and Jesse M. Clarissa Schoonover was a widow and the…
1Opinion of the Court
The opinion of the court was delivered by
Greene, J.:
It is not denied that when George W. Knox died an undivided one-half of this land immediately descended to his children and the other undivided one-half to his widow. These heirs then became tenants in common of the land. At the death of the widow her undivided one-half descended to her heirs, who were Roderick (the plaintiff), Louis C. and Frances Schoonover, and Joanna Knox, each succeeding to an undivided one-fourth of the widow’s portion and becoming tenants in common with the heirs of George W. Knox of the entire estate.
It is elementary…
2Cases cited8 opinions
- Warfield v. LindellSupreme Court of Missouri · 1860
- Ingalls v. NewhallMassachusetts Supreme Judicial Court · 1885
- Warfield v. LindellSupreme Court of Missouri · 1866
- Squires v. ClarkSupreme Court of Kansas · 1876
- Gratz v. Land & River Imp. Co.Court of Appeals for the Seventh Circuit · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Cribb v. HudsonSupreme Court of Kansas · 1916
- Harjo v. MathisSupreme Court of Oklahoma · 1935
- Nelson v. ObergSupreme Court of Kansas · 1912
- Schwab v. WyssSupreme Court of Kansas · 1932
4 more not listed; retrieve them via the Exa API.