Caldwell v. Custard
Supreme Court of Kansas
Error from Bourbon District Court. Replevin for 155 shocks of oats, commenced by Caldwell as plaintiff, before a justice of the peace. The action was taken by appeal to the district court, where it was tried at the December Term, 1870. In order to establish his title to the oats, the plaintiff offered evidence of title to the lands on which the oats were grown, the facts respecting which are fully stated in the opinion. The evidence was rejected by the district court.
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Error from Bourbon District Court. Replevin for 155 shocks of oats, commenced by Caldwell as plaintiff, before a justice of the peace. The action was taken by appeal to the district court, where it was tried at the December Term, 1870. In order to establish his title to the oats, the plaintiff offered evidence of title to the lands on which the oats were grown, the facts respecting which are fully stated in the opinion. The evidence was rejected by the district court. Certain instructions asked by plaintiff were refused, and judgment was given for defendant, Custard. The plaintiff’ brings the…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This is an action of replevin instituted to recover the immediate possession of certain, shocks of oats. The plaintiff offered in evidence a patent for certain lands, dated January 1st, 1870, and a deed! from the patentee to himself; this evidence was rejected; and plaintiff then introduced testimony tending to show that in the spring of 1870 he sent his son and tenant upon the land mentioned in the deed, who began to plow for the purpose of sowing oats, and after they had plowed a short time on said land defendant and his brothers drove…
2Cases cited3 opinions
- Stewart v. DoughtyNew York Supreme Court · 1812
- Davis v. EasleyIllinois Supreme Court · 1851
- Ogden v. StockIllinois Supreme Court · 1864
3Cited by12 opinions
- Polley v. JohnsonSupreme Court of Kansas · 1893
- Rathbone v. BoydSupreme Court of Kansas · 1883
- Barnhart v. FordSupreme Court of Kansas · 1887
- Mabry v. HarpSupreme Court of Kansas · 1894
- Gunderson v. HollandNorth Dakota Supreme Court · 1911
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