Wicks v. Smith
Supreme Court of Kansas
Error from Woodson District Court. . Ejectment, for the N.E.J of the S.E. J of section 18, and a fifteen-acre tract of timber land lying in section 8, in township 19, range 12, in Lyon county, brought by Solomon Smith and Julia Smith as plaintiffs, against W. M. Wicks and Harrison Mays.
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Error from Woodson District Court. . Ejectment, for the N.E.J of the S.E. J of section 18, and a fifteen-acre tract of timber land lying in section 8, in township 19, range 12, in Lyon county, brought by Solomon Smith and Julia Smith as plaintiffs, against W. M. Wicks and Harrison Mays. The action was commenced in Lyon district court, and afterward the place of trial was duly changed to Woodson county, where the case was tried at the June Term 1875. Plaintiffs claimed as owners in fee simple, and on the trial showed a regular chain of title from the government to themselves. The defendants…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
statement of -the case' This was an’ action of ejectment. The answer was, first, a general denial, and then certain equitable defenses. The second defense was, substantially, that in August 1871, Smith and wife sold the lands in question to one Noah M. Blankenship, and received of him the purchase price thereof, consisting of other lands and some personal property, (describing the same,) all of which said Blankenship conveyed to said Smith; and after said Smith and wife had sold said lands to Blankenship, and while they (the Smiths) were…
2Cases cited5 opinions
- Edwards v. FrySupreme Court of Kansas · 1872
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Baker v. Lessee of SwanCourt of Appeals of Maryland · 1870
- Howard v. CoshowSupreme Court of Missouri · 1862
- Depuy v. WilliamsCalifornia Supreme Court · 1864
3Cited by9 opinions
- Etowah Mining Co. v. Doe ex dem. CarlisleSupreme Court of Alabama · 1900
- Taylor v. DanleySupreme Court of Kansas · 1911
- Wicks v. SmithSupreme Court of Arkansas · 1879
- Clayton v. School District No. 1Supreme Court of Kansas · 1878
- Rogers v. Clark Iron Co.Supreme Court of Minnesota · 1908
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