Legal Opinion

Docking v. Frazell

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 7 opinions

Error from Clay Dhtriot Court. The opinion states the case. Judgment for the plaintiff, at the May Term, 1886. The defendant brings the case here.

1Opinion of the Court

Opinion by

Holt, C.:

This case has been in this court before, (Docking v. Frazell, 34 Kas. 29,) when it was decided upon the testimony brought here then, that the building in *421question, used as a hotel, was presumed to be real estate. Upon the re-trial of the cause after reversal here, the same question was again presented to the district court, but the testimony offered to establish whether it was real estate or personal property was much more voluminous in this trial than in the former one, and many of the doubts expressed in the opinion of Mr. Justice 'Valentine were solved by the testimony…

2Cases cited5 opinions

  1. Yater v. MullenIndiana Supreme Court · 1865
  2. Morris v. FrenchMassachusetts Supreme Judicial Court · 1871
  3. Hinkley & Egery Iron Co. v. BlackSupreme Judicial Court of Maine · 1880
  4. Docking v. FrazellSupreme Court of Kansas · 1885
  5. McDonald v. ShepardSupreme Court of Kansas · 1881

3Cited by7 opinions

  1. Fourth National Bank v. HillSupreme Court of Kansas · 1957
  2. J. B. Ehrsam & Sons Manufacturing Co. v. RiceSupreme Court of Kansas · 1941
  3. McCrae v. Bradley Oil Co.Supreme Court of Kansas · 1938
  4. Beeler v. C. C. Mercantile Co.Idaho Supreme Court · 1902
  5. Finnegan v. IhingerSupreme Court of Kansas · 1939

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