Kansas Pac. Ry. Co. v. McBratney
Supreme Court of Kansas
Error from Leavenworth district court. This is a motion for a rehearing of the case reported in 10 Kan. The petition below alleged that the plaintiff “has an equitable estate therein, [certain lands,] and is entitled to the possession of said lands, and that the defendant unlawfully keeps him out of the ¡possession thereof.” The answer contained two paragraphs.
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Error from Leavenworth district court. This is a motion for a rehearing of the case reported in 10 Kan. The petition below alleged that the plaintiff “has an equitable estate therein, [certain lands,] and is entitled to the possession of said lands, and that the defendant unlawfully keeps him out of the ¡possession thereof.” The answer contained two paragraphs. The first was as follows: “This defendant disclaims any and all right, title, interest, and possession of the premises, piece, and parcel of land in the petition mentioned and described.” The second alleged -substantially a transfer by…
1Opinion of the CourtBrewer, J.
Plaintiff in error moves for a rehearing, and on that motion insists that the petition filed in the district *court was defective in that it alleged an equitable estate without disclosing how the title was derived; and the case of Gibson v. Chouteau, 13 Wall. 92, is cited as authority. Whatever may be the rule elsewhere, it does not seem to us there can be any question under our statute. Section 595 of the Code, (Gen. St. 747,) reads: “In an action for the recovery of real property, it shall be sufficient if the plaintiff state in his petition that he has a legal or equitable estate therein,…
2Cases cited1 opinion
- Gibson v. ChouteauSupreme Court of the United States · 1872
3Cited by1 opinion
- McClung v. PennySupreme Court of Oklahoma · 1902