Legal Opinion

Bell v. Parks

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 6 opinions

Error from Osage District Court. At the November Term 1875 of the district court, Paries recovered judgment against Bell and another, on a promissory note dated 26th September, 1872. .Bell appeals, and brings the case here on error.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Action on a promissory note. Defense, failure of consideration, and counterclaim. A demurrer to the answer was sustained, and this is the alleged error. The allegations of the answer were, that Parks was residing on a quarter-section of the Sac-and-Fox lands; that shortly after the note and deed hereinafter referred to, by treaty between the United States and the Sac-and-Fox Indians these lands became subject to preemption by actual settlers; that Parks quitclaimed all his right, title and interest in said lands to Bell for $2,000, of which…

2Cases cited3 opinions

  1. Brewster v. MaddenSupreme Court of Kansas · 1875
  2. Moore v. McIntoshSupreme Court of Kansas · 1870
  3. Vickroy v. PrattSupreme Court of Kansas · 1871

3Cited by6 opinions

  1. Coleman v. the Territory of OklahomaSupreme Court of Oklahoma · 1897
  2. Tecumseh State Bank v. MaddoxSupreme Court of Oklahoma · 1896
  3. Lapham v. HeadSupreme Court of Arkansas · 1878
  4. Putnam Investment Co. v. KingSupreme Court of Kansas · 1915
  5. Merriman v. BlantonSupreme Court of Kansas · 1881

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