Howard v. Entreken
Supreme Court of Kansas
Error from Miami District Court. Action in the nature of ejectment, brought by Horace B. Smith against Torbett Entreken, to recover a certain quarter-section of land in Miami county. After the commencement ■ of the action the plaintiff died, and the action was revived in the names of his administrator and heirs. Trial by the court, and judgment for the defendant Entreken.
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Error from Miami District Court. Action in the nature of ejectment, brought by Horace B. Smith against Torbett Entreken, to recover a certain quarter-section of land in Miami county. After the commencement ■ of the action the plaintiff died, and the action was revived in the names of his administrator and heirs. Trial by the court, and judgment for the defendant Entreken. Afterward the defendant died, and at the May Term, 1879, the judgment was revived in the names of his administrator and heirs. The facts are sufficiently stated in the opinion, and in. Entreken v. Howard, Adm’r, 16 Kas. 551.…
1Opinion of the Court
*429The opinion of the court was delivered by
Horton, C. J.:
This was an action in the nature of ejectment, brought by Horace B. Smith against Torbett Entreken, in the district court of Miami county, in November, 1870, to recover a quarter-section of land in that county. The plaintiff based his title upon a patent from the United States. The defendant claimed title through a decree of the district court of Miami county, of December 9,1868, adjudging one Joel Abbott as the legal owner and possessor of the land in the action pending in that court between said Joel Abbott, as plaintiff, and Horace B.…
2Cases cited3 opinions
- Guiteau v. WiselyIllinois Supreme Court · 1868
- Entreken v. HowardSupreme Court of Kansas · 1876
- Martin v. GilmoreIllinois Supreme Court · 1874
3Cited by14 opinions
- McNutt v. NellansSupreme Court of Kansas · 1910
- Pritchard v. MadrenSupreme Court of Kansas · 1883
- Doyle v. Hays Land & Investment Co.Supreme Court of Kansas · 1909
- Whiteman v. CornwellSupreme Court of Kansas · 1917
- Eudaly v. Superior Oil Co.Supreme Court of Oklahoma · 1954
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