Duffey v. Rafferty
Supreme Court of Kansas
Error from Leavenworth, District Court. Action by Mrs. Rafferty as plaintiff, to recover possession of a certain lot in tbe city of Leavenworth. '■ The facts are fully stated in the opinion. The plaintiff had judgment for the recovery of said lot, at the November Term 1872, and the defendants bring the case here on error. contended that the facts found by the court were not sustained by the evidence. That the deed from Russell and wife to Wm.
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Error from Leavenworth, District Court. Action by Mrs. Rafferty as plaintiff, to recover possession of a certain lot in tbe city of Leavenworth. '■ The facts are fully stated in the opinion. The plaintiff had judgment for the recovery of said lot, at the November Term 1872, and the defendants bring the case here on error. contended that the facts found by the court were not sustained by the evidence. That the deed from Russell and wife to Wm. R. Oliver was void, because of said Oliver’s previous death — and they cited 12 Cal., 363, 376; 12 Peters, 264; 20 Wend., 44; 1 Ohio St., 390; 44 N. H.,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action in the nature of an action of ejectment, for the recovery of certain real property, to-wit, lot 27, block 45, in Leavenworth city. The case was submitted to the court below, without a jury, and the court made separate findings of fact and conclusions of law. And while some of the findings of fact are sustained by but very little evidence, yet we think they are all sustained by sufficient evidence. Or at least, we cannot say that any material finding of fact is so far unsustained by evidence that wé should reverse the…
2Cases cited2 opinions
- Maduska v. ThomasSupreme Court of Kansas · 1870
- Fackler v. FordSupreme Court of Kansas · 1858
3Cited by17 opinions
- Black v. JacksonSupreme Court of the United States · 1900
- Ewert v. RobinsonCourt of Appeals for the Eighth Circuit · 1923
- McBride v. SteinwedenSupreme Court of Kansas · 1906
- Blanchard v. ReedSupreme Court of Oklahoma · 1917
- Wilson v. BombeckSupreme Court of Oklahoma · 1913
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