Legal Opinion

Giltenan v. Lemert

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 9 opinions

Error from Neosho District Court. Action brought by Giltenan to quiet his title to eighty acres of land. The facts and proceedings are fully stated in the opinion. The district court at the April Term 1873, sustained a demurrer to plaintiff’s evidence, dismissed the petition, and gave judgment against plaintiff for costs. Giltenan brings the case here. The court erred in sustaining the demurrer to plaintiff’s evidence.

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Error from Neosho District Court. Action brought by Giltenan to quiet his title to eighty acres of land. The facts and proceedings are fully stated in the opinion. The district court at the April Term 1873, sustained a demurrer to plaintiff’s evidence, dismissed the petition, and gave judgment against plaintiff for costs. Giltenan brings the case here. The court erred in sustaining the demurrer to plaintiff’s evidence. A demurrer to evidence does not alter the rule that the jury are the exclusive judges of the facts. The court upon a demurrer to evidence cannot weigh the testimony, and decide…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action to quiet title to certain real estate. Both parties by their pleadings claimed to own the property, and to have the right of possession thereto. A trial was commenced in the court below before the court and a jury. The plaintiff below (who is also plaintiff in error,) introduced parol evidence showing that he was in quiet and peaceable possession of the property. He also introduced in evidence a quitclaim deed to himself for the land, executed August 3d, 1867, by one Gesso Chouteau, a half-breed Osage Indian. He also…

2Cases cited1 opinion

  1. Wood v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1873

3Cited by9 opinions

  1. Morrill v. DouglassSupreme Court of Kansas · 1875
  2. Waller v. JuliusSupreme Court of Kansas · 1904
  3. Neve v. AllenSupreme Court of Kansas · 1895
  4. Cramer v. McCannSupreme Court of Kansas · 1911
  5. Greenley v. LillySupreme Court of Kansas · 1942

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