Maduska v. Thomas
Supreme Court of Kansas
Error from Leavenworth District Court Ejectment, brought by Alice. A. Thomas, as plaintiff, against John Maduska and Joseph Bazel, to recover the possession of lots 11 and 12, in block 24, in Leavenworth. The case was tried before a court and a jury.
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Error from Leavenworth District Court Ejectment, brought by Alice. A. Thomas, as plaintiff, against John Maduska and Joseph Bazel, to recover the possession of lots 11 and 12, in block 24, in Leavenworth. The case was tried before a court and a jury. The plaintiff below gave in evidence patents for each of the lots from the United States to “ The heirs of Malcolm Clark ,” by that general description, and proved that Alice A. Thomas, the plaintiff, was the only living child and heir of the said Malcolm Clark. The patents are dated Sept. 15, 1864. The defendants below gave in evidence a certain…
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, brought his action to recover Lots 11 and 12, in Block 24, in Leavenworth city, in this State. The action was tried before a jury. The record shows the following proceedings at the close of the trial:
“ The court instructed the jury to find for the plaintiff. The defendants then requested the court to submit the case to the jury, which the court refused to do, to which ruling and decision of the court the defendants at the time excepted. The court then instructed the jury to…
2Cited by10 opinions
- Brown v. City of AtchisonSupreme Court of Kansas · 1888
- Duffey v. RaffertySupreme Court of Kansas · 1875
- Thornburgh v. ColeSupreme Court of Kansas · 1882
- Bishop v. MuglerSupreme Court of Kansas · 1885
- Johnson v. J. J. Douglass Co.Supreme Court of Oklahoma · 1899
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