Withers v. Love
Supreme Court of Kansas
Error from Bourbon district court; Walter L. Simons, judge. STATEMENT. This was an action in ejectment for the recovery of a farm of 160 acres in Bourbon county, and for rents and profits. Defendant had judgment below and plaintiff brings error. The petition was in the ordinary form under the statute. The answer of defendant pleaded all his defenses in detail, and the reply was in substance a general denial.
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Error from Bourbon district court; Walter L. Simons, judge. STATEMENT. This was an action in ejectment for the recovery of a farm of 160 acres in Bourbon county, and for rents and profits. Defendant had judgment below and plaintiff brings error. The petition was in the ordinary form under the statute. The answer of defendant pleaded all his defenses in detail, and the reply was in substance a general denial. From the pleadings and evidence the facts, about which there was little, if any, dispute, are as follow: John B. Withers moved upon the land in 1864. The patent was issued to him in 1870,…
1Opinion of the Court
*146The opinion of the court was delivered by
Porter, J.:
Counsel, in addition to able oral arguments, have favored the court with well-prepared briefs which discuss every feature of the case, with ample citations of authorities. The case presents some difficult questions. The facts in many respects are remarkable.
A review of the evidence leaves no suspicion of bad faith upon the part of those who participated in the transactions, or of any attempt to gain an advantage over plaintiff by reason of the misfortunes which fell upon his household, culminating in September, 1892, when, with the mother of…
2Cases cited19 opinions
- Morris v. WardSupreme Court of Kansas · 1869
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Helm v. HelmSupreme Court of Kansas · 1873
- Ott v. SpragueSupreme Court of Kansas · 1882
- Howell, Jewett & Co. v. McCrieSupreme Court of Kansas · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Alton Mercantile Co. v. SpindelSupreme Court of Oklahoma · 1914
- Hawkins v. CorbitSupreme Court of Oklahoma · 1921
- Long v. TalleySupreme Court of Oklahoma · 1921
- Priddy v. TaborCourt of Appeals of Texas · 1916
- Thompson v. MillikinSupreme Court of Kansas · 1914
12 more not listed; retrieve them via the Exa API.