Mastin v. Gray
Supreme Court of Kansas
Error from Wyandotte District Court. Ejectment brought by Mastín, as plaintiff, against Gh'ay and two others as defendants. Cray’s co-defendants were tenants, holding under him. Mastín claimed title in fee to the land sued for, and claimed the right of possession. Gray admitted possession in himself, and claimed as purchaser from the original owner. All the facts are stated in the opinion.
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Error from Wyandotte District Court. Ejectment brought by Mastín, as plaintiff, against Gh'ay and two others as defendants. Cray’s co-defendants were tenants, holding under him. Mastín claimed title in fee to the land sued for, and claimed the right of possession. Gray admitted possession in himself, and claimed as purchaser from the original owner. All the facts are stated in the opinion. Trial at the April Term 1876. Judgment for defendants, and plaintiff brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action in the nature of ejectment. The plaintiff claims title to the land in controversy, under a sheriff’s deed, purporting to convey such land from one Jane Hicks Brown, the judgment-debtor, to one of the persons under whom the plaintiff claims. The defendant Gray claims title under a deed executed by said Jane Hicks Brown herself. The main question in the case is, whether said sheriff’s deed is valid or not. But involved in this question are these other questions: Can a constable’s return of service on an original summons…
2Cases cited41 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Galpin v. PageSupreme Court of the United States · 1874
- Mills v. DuryeeSupreme Court of the United States · 1813
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Williamson v. BerrySupreme Court of the United States · 1850
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3Cited by48 opinions
- Stewart v. StewartWest Virginia Supreme Court · 1885
- Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921
- Ewing v. MallisonSupreme Court of Kansas · 1902
- Smoot v. JuddSupreme Court of Missouri · 1904
- Jefferson v. GallagherSupreme Court of Oklahoma · 1915
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