Brown v. Johnson
Supreme Court of Kansas
Error from Wilson District Cowt. Brown as plaintiff brought his action to establish a trust, and to compel a conveyance to himself of the trust property. The land in controversy was the E. J of the S.W. -J of section 15, township 29 south, range 14 east, and a part of the Osage Trust Lands, so-called.
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Error from Wilson District Cowt. Brown as plaintiff brought his action to establish a trust, and to compel a conveyance to himself of the trust property. The land in controversy was the E. J of the S.W. -J of section 15, township 29 south, range 14 east, and a part of the Osage Trust Lands, so-called. Brown alleged that he was in the occupancy of and had improvements upon said tract at and .before the time when said Osage Trust Lands were open for settlement and purchase, and ever since, claiming the right to purchase the same; that defendant Johnson was occupying the west-half of said…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Two errors are alleged in this case, first in overruling a motion for a continuance, and second, in sustaining a demurrer to the evidence. The motion for a continuance was supported by a single affidavit of one of plaintiff’s attorneys. Several objections may be noticed to the sufficiency of this affidavit. It alleges failure to obtain a copy of certain testimony given on a hearing of a contested claim before the officers of a land office, that the proper custodian had made diligent search and was unable to find such testimony, and that it…
2Cases cited1 opinion
- Johnson v. TowsleySupreme Court of the United States · 1871
3Cited by11 opinions
- Martin v. GassertSupreme Court of Oklahoma · 1906
- Eddy v. WeaverSupreme Court of Kansas · 1887
- Board of Comrs. of Washita Co. v. HubbleSupreme Court of Oklahoma · 1899
- Board of Commissioners v. WrightSupreme Court of Oklahoma · 1899
- Merket v. SmithSupreme Court of Kansas · 1885
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