Legal Opinion

Stephens v. Ballou

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 1 opinion

Error from, Cowley Distriot Court. EjectmeNT, brought by Samuel A. Stephens, and J. Jay Buck and L. B. Kellogg, partners as Buck & Kellogg, to recover the north half of the northwest fractional quarter of section five, in township thirty-two, south, of range seven, east, situate in Cowley county.

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Error from, Cowley Distriot Court. EjectmeNT, brought by Samuel A. Stephens, and J. Jay Buck and L. B. Kellogg, partners as Buck & Kellogg, to recover the north half of the northwest fractional quarter of section five, in township thirty-two, south, of range seven, east, situate in Cowley county. Trial at the May Term, 1880, of the district court, and judgment that the plaintiffs are entitled to the possession of the land aforesaid, subject, however, to the rights of the defendant as an occupying claimant. The plaintiffs bring the case to this court. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

HortoN, C. J.:

This was an action in the nature of ejectment, brought by plaintiffs against defendant, in the district court of Cowley county. The only question presented for our determination is, whether the defendant in error was entitled *619to the benefit of the occupy ing-claimant law. The facts are these:

Under* sec. 12 of the act of congress of July 15th, 1870, certain lands on the Osage diminished reserve could be sold by the United States to actual settlers, and to actual settlers only. Defendant, who was not an actual settler, procured James A.…

2Cases cited2 opinions

  1. Brake v. BallouSupreme Court of Kansas · 1877
  2. Hubbard v. OgdenSupreme Court of Kansas · 1879

3Cited by1 opinion

  1. Stephens v. BallouSupreme Court of Kansas · 1882

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