Legal Opinion

Delashmutt v. Parrent

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 13 opinions

Error from Gh'eenwood District Court. John Z. Delashmutt brought an action in the district court of Greenwood county against the defendants in error, Nora E. Parrent and three others, and in the first count of his petition he alleged that he had a one-half interest in the southeast quarter of section 10, township 22, range 12, in Greenwood county, which he had acquired by inheritance from his mother, and that on May 8,1871, Aaron Parrent obtained a decree quieting title in…

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Error from Gh'eenwood District Court. John Z. Delashmutt brought an action in the district court of Greenwood county against the defendants in error, Nora E. Parrent and three others, and in the first count of his petition he alleged that he had a one-half interest in the southeast quarter of section 10, township 22, range 12, in Greenwood county, which he had acquired by inheritance from his mother, and that on May 8,1871, Aaron Parrent obtained a decree quieting title in himself to the land in controversy; that he was then a minor, and the disability of infancy was not removed until January…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The principal purpose of this action was to recover a portion of the land in controversy, or the plaintiff’s interest in the same. That a share of the land descended to him from his mother, is unquestioned; and the title to the same remains in him still, unless it has been cut off by the decree or the tax deed mentioned in the pleadings, or by some of the statutes of limitation. The relief sought in the first and second counts of the petition was the vacation of the decree rendered in 1871, quieting title in Aaron Parrent, and the setting…

2Cases cited3 opinions

  1. Scarborough v. SmithSupreme Court of Kansas · 1877
  2. Carithers v. WeaverSupreme Court of Kansas · 1871
  3. Brown v. HogleIllinois Supreme Court · 1863

3Cited by13 opinions

  1. Howard v. CarterSupreme Court of Kansas · 1905
  2. Martin v. BatteySupreme Court of Kansas · 1912
  3. Campbell v. DickSupreme Court of Oklahoma · 1918
  4. Kennedy v. HaskellSupreme Court of Kansas · 1903
  5. Peck v. AyresSupreme Court of Kansas · 1909

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