Legal Opinion

McNeil v. Jordan

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 31 opinions

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…

Read the full summary

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

  1. Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
  2. Chapman v. . RoseNew York Court of Appeals · 1874
  3. Burson v. HuntingtonMichigan Supreme Court · 1870
  4. Bloomer v. HendersonMichigan Supreme Court · 1860
  5. Eyerts v. AgnesWisconsin Supreme Court · 1856

14 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Farm Bureau Mutual Insurance v. CarrSupreme Court of Kansas · 1974
  2. Marks v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1925
  3. Flesher v. CallahanSupreme Court of Oklahoma · 1912
  4. McClenahan v. StevensonSupreme Court of Iowa · 1902
  5. Regier v. Amerada Petroleum Corp.Supreme Court of Kansas · 1934

26 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API