Scarborough v. Smith
Supreme Court of Kansas
Error from Atchison District Court. Smith, defendant in error, filed his petition to effect a partition of certain real estate situated in the city of Atchison, alleging that the same was improved property, with storehouse thereon, and buildings of a permanent character.
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Error from Atchison District Court. Smith, defendant in error, filed his petition to effect a partition of certain real estate situated in the city of Atchison, alleging that the same was improved property, with storehouse thereon, and buildings of a permanent character. He claimed that he had been the fee-simple owner of the undivided-half of said real estate since 1856; that Scarborough claimed to be the owner of the other undivided-half of said real estate, and also alleging that Scarborough had been letting the premises and enjoying the rents and profits. In the same petition, Auld and…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This case is badly mixed. Just what kind of action or actions the plaintiff intended to bring, we can hardly tell. But even if that problem were satisfactorily solved, still the case would not then be relieved from all difficulty. There are some inherent complications and intricacies equally difficult, of solution. The petition below i& drawn up in form as though it was intended to state only one cause of action; and yet the petition asks for several different kinds of relief, and such as are usually granted only in different kinds of…
Also in this document: Concurrence.
2Cases cited2 opinions
- Hickey v. HinsdaleMichigan Supreme Court · 1860
- Simpson v. BoringSupreme Court of Kansas · 1876
3Cited by43 opinions
- Stone v. CaseSupreme Court of Oklahoma · 1912
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Aylesbury Mercantile Co. v. FitchSupreme Court of Oklahoma · 1908
- Mayberry v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1907
- Howard v. CarterSupreme Court of Kansas · 1905
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