Legal Opinion

Johnson v. Clark

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 15 opinions

Error from Brown District Court. Ejectment, brought by Johnson, to recover possession of a quarter-section of land in Brown county. Johnson claimed to be the owner of the legal and equitable estate. Clark admitted possession, and set up title, both legal and equitable, in himself. All necessary facts, respecting the respective claims and titles of the parties, are stated in the opinion, infra.

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Error from Brown District Court. Ejectment, brought by Johnson, to recover possession of a quarter-section of land in Brown county. Johnson claimed to be the owner of the legal and equitable estate. Clark admitted possession, and set up title, both legal and equitable, in himself. All necessary facts, respecting the respective claims and titles of the parties, are stated in the opinion, infra. Findings and judgment in favor of defendant, at the August Term 1874 of the district court, and plaintiff Johnson brings the case here on error.

1Opinion of the Court

The opinion of the court was delivered by

Hokton, C. J.:

statement of On April 29th 1857, John H. Likins and John W. Boyd, both of them residing in the city of St. Joseph, state of Missouri, entered into a partnership (with the firm-name of Likins & Boyd,) for the purpose of transacting a general real-estate business, such as selling real estate on commission, buying, selling and locating land-warrants, paying taxes, and such other transactions as usually pertain to the real-estate business. There were no written articles of partnership, and at the formation of the partnership there was no…

2Cited by15 opinions

  1. McNeil v. JordanSupreme Court of Kansas · 1882
  2. Sarbach v. SarbachSupreme Court of Kansas · 1912
  3. School District No. 82 v. TaylorSupreme Court of Kansas · 1877
  4. Tecumseh State Bank v. MaddoxSupreme Court of Oklahoma · 1896
  5. International Harvester Co. of America v. MyersSupreme Court of Kansas · 1912

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