Cartwright v. McFadden
Supreme Court of Kansas
Error from Shawnee District Court. Action brought by McFadden against Cartwright, to quiet title to certain lots on Buchanan street, in blocks 9 and 16, in King’s addition to the city of Topeka. Trial by the court at the January Term, 1880, and judgment for the plaintiff. The defendant brings the case here. The opinion states the facts. 1. Since this is apparently an action brought under § 594 of the code, the plaintiff must allege actual possession.
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Error from Shawnee District Court. Action brought by McFadden against Cartwright, to quiet title to certain lots on Buchanan street, in blocks 9 and 16, in King’s addition to the city of Topeka. Trial by the court at the January Term, 1880, and judgment for the plaintiff. The defendant brings the case here. The opinion states the facts. 1. Since this is apparently an action brought under § 594 of the code, the plaintiff must allege actual possession. If not in actual possession, the petition must state the same facts as a former bill in equity. (16 Kas. 515, 551.) Simply saying that the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:'
This was an action brought by S. S. MeEadden against S. S. Cartwright, to quiet title to certain city lots in King’s addition to the city of Topeka. McFadden held by a regular chain of title from the original patentee. Cartwright claimed under a tax deed. The tax deed reads as follows:
Know all men by these presents, that, whereas, the following-described real property, viz., lots Nos. 431, 433, 435, 437, 439, 441, 443, 445, 447, 449, 451, 453, 455, 457, 459, 461, 463, 465, 467, 469, 471 and 473, on Buchanan street, city of Topeka,…
2Cases cited6 opinions
- Douglass v. NuzumSupreme Court of Kansas · 1876
- Hall's Heirs v. DodgeSupreme Court of Kansas · 1877
- Eaton v. GilesSupreme Court of Kansas · 1869
- Knox v. DunnSupreme Court of Kansas · 1879
- Giles v. OrtmanSupreme Court of Kansas · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
- Crisman v. JohnsonSupreme Court of Colorado · 1896
- Larkin v. WilsonSupreme Court of Kansas · 1882
- Bays v. TrulsonOregon Supreme Court · 1893
- Russell v. HudsonSupreme Court of Kansas · 1882
12 more not listed; retrieve them via the Exa API.