Legal Opinion

Burdette v. Corgan

Supreme Court of Kansas

Decided July 15, 1881PublishedCited by 45 opinions

Error from Allen District Court. Action of forcible .entry and detainer, brought by Burdette against Corgan. At the March Term, 1881, the court sustained defendant’s motion for a new trial, which ruling the plaintiff brings here. The nature of the action, and the facts, appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This case is a correlate to the case of Walkenhorst v. Lewis, 24 Kas. 420. It was an action of forcible entry and detainer, commenced before a justice of the peace and certified to the district court upon a plea of title. After judg*103ment for the plaintiff, a motion for a new trial was made, and then it was stipulated that such motion should be continued until the decision of the case above named in the supreme ■court. The stipulation further provided that if, taking all the records in that case, title was in the heirs or any one of them, that…

2Cases cited3 opinions

  1. Cohen v. TrowbridgeSupreme Court of Kansas · 1870
  2. Fee v. Big Sand Iron Co.Ohio Supreme Court · 1862
  3. Walkenhorst v. LewisSupreme Court of Kansas · 1880

3Cited by45 opinions

  1. Security Loan & Trust Co. v. Boston & South Riverside Fruit Co.California Supreme Court · 1899
  2. Yorke v. YorkeNorth Dakota Supreme Court · 1893
  3. Ziska v. AveySupreme Court of Oklahoma · 1912
  4. Meixell v. KirkpatrickSupreme Court of Kansas · 1883
  5. Lookabaugh v. EppersonSupreme Court of Oklahoma · 1911

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