Britton v. Hunt
Supreme Court of Kansas
Error from Lyon District Court. Ejectment, brought by Hunt, who claimed to be the legal and equitable owner of the premises in controversy. Britton, answered, admitting possession, but denying plaintiff’s title and right of possession. The case was tried at the December Term 1870, upon an agreed statement of facts, a sufficient statement of which appears in the opinion.
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Error from Lyon District Court. Ejectment, brought by Hunt, who claimed to be the legal and equitable owner of the premises in controversy. Britton, answered, admitting possession, but denying plaintiff’s title and right of possession. The case was tried at the December Term 1870, upon an agreed statement of facts, a sufficient statement of which appears in the opinion. The district, court found as conclusion of law that the plaintiff was the legal and equitable owner of the premises, and entitled to-the possession of the same, and gave judgment accordingly.. Britton brings the case here by…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
E. D. Bassett and wife executed a mortgage on block five in the town of Hartford, Lyon county. Soon thereafter the wife died, and a little later Bassett died, leaving a son, a minor. J. H. Hunt became the administrator of Bassett’s estate. An action was brought by the holder of the mortgage against the administrator to foreclose the mortgage. The heir was not made a party to the action. A judgment was rendered against the administrator of foreclosure, under which the block was sold, and a sheriff’s deed in due time made to the purchaser.…
2Cases cited1 opinion
- Lane v. ErskineIllinois Supreme Court · 1851
3Cited by9 opinions
- Cooper v. RheaSupreme Court of Kansas · 1910
- Anrud v. Scandinavian-American BankWashington Supreme Court · 1901
- Farmers & Merchants State Bank v. WhiteSupreme Court of Kansas · 1939
- Donifelser v. HeylCourt of Appeals of Kansas · 1898
- Phillips v. ParkerSupreme Court of Kansas · 1938
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