McNeil v. Jordan
Supreme Court of Kansas
Error from Cowley District Court. February 28, 1880, MeNeil filed the following petition (title omitted) in the district court of Cowley county; “The plaintiff states that on the first day of January, 1880, she became, by a conveyance thereof, of that date, in writing,, the owner in fee simple of the following-described real estate,, situated in. the county of Cowley, state of Kansas, to wit, lot numbered eight, in block numbered one hundred and sixty-seven, in the city of…
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Error from Cowley District Court. February 28, 1880, MeNeil filed the following petition (title omitted) in the district court of Cowley county; “The plaintiff states that on the first day of January, 1880, she became, by a conveyance thereof, of that date, in writing,, the owner in fee simple of the following-described real estate,, situated in. the county of Cowley, state of Kansas, to wit, lot numbered eight, in block numbered one hundred and sixty-seven, in the city of Winfield, and ever since has been and now is the owner in fee simple of said real estate, a true copy of which said…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
*141. Bona fide purchaser; fraud of grantor. *13The principal questions involved in this •controversy are: Was the deed obtained by Charles H. Payson from Lena McNeil absolutely void? Second, if not void, but voidable only, was the actual possession of the premises by Lena McNeil notice to the defendants of the fraudulent title of their grantor? If the deed to Jordan was absolutely void, then it was and is an absolute nullity, and nothing can be founded upon it. It cannot be made the basis of any title. On the other hand, if voidable only, it…
2Cases cited19 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Chapman v. . RoseNew York Court of Appeals · 1874
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- Eyerts v. AgnesWisconsin Supreme Court · 1856
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- McClenahan v. StevensonSupreme Court of Iowa · 1902
- Regier v. Amerada Petroleum Corp.Supreme Court of Kansas · 1934
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