Poplin v. Mundell
Supreme Court of Kansas
Error from Anderson District Court. Ejectment, brought by Poplin against Mundell, to recover the possession of certain real estate in Anderson county. The petition was filed May 14,1880, and alleged that Poplin had a legal and equitable estate, and was entitled to the immediate possession of the premises described.
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Error from Anderson District Court. Ejectment, brought by Poplin against Mundell, to recover the possession of certain real estate in Anderson county. The petition was filed May 14,1880, and alleged that Poplin had a legal and equitable estate, and was entitled to the immediate possession of the premises described. Mundell answered by a general denial; that he was in legal and actual possession of the premises; alleged that the plaintiff had no right, title or interest to the land; and prayed judgment that defendant be decreed to-be the legal and equitable owner thereof, and that his title be…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The principal controversy in this case arises over the instructions given to the jury by the trial judge. It appears from the testimony that the plaintiff and the defendant claimed title from the same source — the latter *152through intermediate conveyances. The title of each was derived as follows: On February 13, 1875, F. P. Trautwein and wife were the owners in fee simple of the lands in dispute. The defendant held a conveyance from J. W. Dowler and wife of the date of June 26, 1879;. consideration paid, $300. Dowler and wife held a…
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3Cited by14 opinions
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