Shoat v. Walker
Supreme Court of Kansas
Error from Lyon District Court. Ejectment, brought by defendant in error to recover the possession of one hundred and twenty acres of land.
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Error from Lyon District Court. Ejectment, brought by defendant in error to recover the possession of one hundred and twenty acres of land. The petition alleges Walker’s ownership and right of possession, and states that defendant (Shoat,) “ever since the 26th of May, 1865, has unlawfully kept the plaintiff •out of the possession of said premises by means of what purports to be a tax-deed,” which tax deed has been duly recorded; and that “ said premises are wild and uncultivated lands, and the defendant, nor any one under whom he claims, is not now, nor ever has been, in the actual possession…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The defendant in error, who was plaintiff in the court below, files his petition for the recovery of a certain piece of land. The defendant below answers, setting up a tax title to said land. The plaintiff demurs to the defendant’s answer, on the ground that the answer does not state facts sufficient to constitute a defense to the plaintiff’s action. The court sustains the demurrer, to which the defendant excepts, and brings the question here for review.
i. Assignment °l j”Ín°e?Í864te by Co. treasurer ¡a void. I. The defendant in his…
2Cases cited2 opinions
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- Byrne v. StoutIllinois Supreme Court · 1853
3Cited by20 opinions
- Gomer v. ChaffeeSupreme Court of Colorado · 1882
- Foreman v. CarterSupreme Court of Kansas · 1872
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
- Waterson v. DevoeSupreme Court of Kansas · 1877
- Keller v. HawkSupreme Court of Oklahoma · 1907
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