Duncan v. Gillette
Supreme Court of Kansas
Error from, Shawnee Superior Court. Action in the nature of ejectment, brought by Kate Gillette against Charles N. Dunean, to recover possession of the southwest quarter of the southeast quarter of section twenty-eight, in township twelve, range fifteen, in which the plaintiff alleged that she was the owner in fee of the premises and entitled to their possession, and that the defendant unlawfully kept her out of it; which averments were denied in the answer of the defendant.
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Error from, Shawnee Superior Court. Action in the nature of ejectment, brought by Kate Gillette against Charles N. Dunean, to recover possession of the southwest quarter of the southeast quarter of section twenty-eight, in township twelve, range fifteen, in which the plaintiff alleged that she was the owner in fee of the premises and entitled to their possession, and that the defendant unlawfully kept her out of it; which averments were denied in the answer of the defendant. On January 4, 1886, the cause came on for a second trial in the superior court without a jury, and upon the trial it…
1Opinion of the Court
*159The opinion of the court was delivered by
Johnston, J.:
The decision of this case depends upon the validity of a tax deed executed on May 26, 1875, by P. I. Bonebrake, who was then county clerk of Shawnee county, to J. B. Webber, who subsequently conveyed the land to the plaintiff in error. According to the stipulation of the parties, the plaintiff in error is entitled to recover, unless the tax deed is void on its face, in which event the judgment should be in favor of the defendant in error, who claims title under the original patentee of the land. The tax deed purports to have been issued…
2Cases cited2 opinions
- Spurlock v. AllenSupreme Court of Missouri · 1872
- Douglass v. WilsonSupreme Court of Kansas · 1884
3Cited by5 opinions
- Treese v. FergusonSupreme Court of Oklahoma · 1925
- Charland v. Trustees of the Home for Aged WomenMassachusetts Supreme Judicial Court · 1910
- Clarke v. TildenSupreme Court of Kansas · 1906
- Baughman v. HarveySupreme Court of Kansas · 1907
- Gibson v. HammerburgSupreme Court of Kansas · 1905