Legal Opinion · Dissent

Marysville Investment Co. v. Holle

Court of Appeals of Kansas

Decided March 22, 1897No. 178Published

Error from Marshall District Court. Hon. R. B. Spilman, Judge.

1DissentMahan, P. J.

I cannot agree with my brethren in their judgment in this case. The plaintiff showed by proper conveyances a title founded upon a patent from the Government of the United States to J. E. Clardy, probate judge of Marshall County, “in trust for the several use and benefit of the occupants of the town site of Palmetto according to their respective interests’’ under the act of Congress of May 23, 1844.

Clardy, in the execution of this trust, by deed duly executed and delivered, conveyed the lands in controversy to F. J. Marshall, and others, members of the Palmetto Town Company. These grantees…

2Cases cited5 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Sherry v. SampsonSupreme Court of Kansas · 1873
  3. Houck v. KelseySupreme Court of Kansas · 1876
  4. Riggs v. AndersonSupreme Court of Kansas · 1891
  5. Green v. BarkerNebraska Supreme Court · 1896

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