Legal Opinion

Burditt v. Burditt

Supreme Court of Kansas

Decided March 9, 1901No. 11,844PublishedCited by 10 opinions

Error from Osage district court; William' Thomson, judge. In banc. STATEMENT. This action was brought to quiet title. The plaintiffs below were the widow and son, and defendant below a brother, of one A. K. Burditt, deceased. In 1870 the said A. K. Burditt purchased the improvements upon the property in controversy from the occupant thereof and settled upon the claim with the intent and believing that he had the right to make homestead entry thereof.

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Error from Osage district court; William' Thomson, judge. In banc. STATEMENT. This action was brought to quiet title. The plaintiffs below were the widow and son, and defendant below a brother, of one A. K. Burditt, deceased. In 1870 the said A. K. Burditt purchased the improvements upon the property in controversy from the occupant thereof and settled upon the claim with the intent and believing that he had the right to make homestead entry thereof. From the date of his settlement until 1877, he and his family resided upon the land, the same not being subject to homestead entry but to…

1Opinion of the Court

The opinion of the court was delivered by

Pollock, J.:

The undisputed evidence adduced upon the trial below clearly shows that defendant A. L. Burditt furnished the money with which entry of this property was made by John C. Adams from the government, and in addition thereto paid said Ad*579ams fifty dollars for a conveyance of the property ; and, further, that he made the improvements, paid the taxes and furnished the money set forth in his answer to his brother, A. K. Burditt, and that no part of the same has at any time been paid to the defendant: It further appears from the evidence that the…

2Cases cited4 opinions

  1. Low v. HenryCalifornia Supreme Court · 1858
  2. Corlett v. Mutual Benefit Life InsuranceSupreme Court of Kansas · 1899
  3. Appeal of LanceSupreme Court of Pennsylvania · 1886
  4. Treat v. StricklandSupreme Judicial Court of Maine · 1843

3Cited by10 opinions

  1. Freeman v. FunkSupreme Court of Kansas · 1911
  2. State Insurance Fund v. HuntIdaho Supreme Court · 1932
  3. Gibson v. JohnsonSupreme Court of Kansas · 1906
  4. Johnson v. WynneSupreme Court of Kansas · 1902
  5. Shepard v. GibsonSupreme Court of Kansas · 1912

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