Stout v. Hyatt
Supreme Court of Kansas
Error from, Doniphan District Court. Ejectment for 160 acres of school land, brought by Hyatt against Stout. Hyatt claimed as owner, under an alleged purchase made in 1857 by one Reuben Middleton under the territorial pre-emption law of 1855. Stout claimed as owner in fee, holding the legal title under a patent issued by the state in 1870. The principal question' was, whether Middleton’s purchase was complete and legal, and this turned upon the point whether he had in fact…
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Error from, Doniphan District Court. Ejectment for 160 acres of school land, brought by Hyatt against Stout. Hyatt claimed as owner, under an alleged purchase made in 1857 by one Reuben Middleton under the territorial pre-emption law of 1855. Stout claimed as owner in fee, holding the legal title under a patent issued by the state in 1870. The principal question' was, whether Middleton’s purchase was complete and legal, and this turned upon the point whether he had in fact paid the purchase-money required by law to be paid. On the trial Hyatt gave in evidence a receipt dated October 13th,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for the recovery of real property; two trials were had; verdict and judgment for the plaintiff below, defendant in error. The land in dispute is a part of section 16, township 3, range 21, in Doniphan county, and was originally school land. The records of the board of county commissioners of said county show among other things the following facts, to-wit: On February 2d, 1857, the county board allowed H. Culbard to'pre-empt said land, and to assign his pre-emption right to Asa K. Hubbard, and ordered a transcript of the…
2Cases cited1 opinion
- State v. StringfellowSupreme Court of Kansas · 1864
3Cited by25 opinions
- Pope v. NicholsSupreme Court of Kansas · 1899
- State v. MillerSupreme Court of Kansas · 1882
- State v. GerekeSupreme Court of Kansas · 1906
- Taylor v. WestonCalifornia Supreme Court · 1888
- O'Donnell v. GlennMontana Supreme Court · 1888
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