Legal Opinion

Munger v. Baldridge

Supreme Court of Kansas

Decided January 15, 1889PublishedCited by 16 opinions

Error from Sedgwieh District Court. This is an action of ejectment, brought by Julia P. Munger against David EE. Baldridge and eleven other defendants, to recover a tract of land described in the petition by metes and bounds and commonly known as “City Park,” situate in the county of Sedgwick.

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Error from Sedgwieh District Court. This is an action of ejectment, brought by Julia P. Munger against David EE. Baldridge and eleven other defendants, to recover a tract of land described in the petition by metes and bounds and commonly known as “City Park,” situate in the county of Sedgwick. She alleged that she was the owner and entitled to the immediate possession of the property, and that the defendants unlawfully withheld the possession of the same from her; and further, that they had collected and were collecting and appropriating the rents and issues thereof to the extent of $5,000,…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

By this action Julia P. Munger seeks to recover valuable real estate in the city of Wichita, which was formerly owned by D. S. Munger, her husband. He conveyed the same by warranty deed in 1877, which was executed by signing his own name thereto, and also that of his wife as her attorney in fact, under a power of attorney previously given by her. Long after the conveyance, and when the property has become valuable, she questions the validity of her own act, and now asserts that the power of attorney is invalid for want of capacity to make…

2Cases cited4 opinions

  1. Busenbark v. BusenbarkSupreme Court of Kansas · 1885
  2. Gray v. UlrichSupreme Court of Kansas · 1871
  3. Sproul v. Atchison National BankSupreme Court of Kansas · 1879
  4. Crane v. FippsSupreme Court of Kansas · 1883

3Cited by16 opinions

  1. King v. MollohanSupreme Court of Kansas · 1900
  2. Wilkinson v. ElliottSupreme Court of Kansas · 1890
  3. Nagle v. TiepermanSupreme Court of Kansas · 1907
  4. Connell v. GalligherNebraska Supreme Court · 1893
  5. Wallace v. Travelers' InsuranceSupreme Court of Kansas · 1894

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