Brake v. Ballou
Supreme Court of Kansas
Error from Cowley District Court. Action by Ballou, brought for the purpose of having the entry made by Brake of a certain quarter-section of land of the Osage Diminished Reserve Lands, in Cowley county, declared to have been made by him in trust for the use and benefit of Ballou, and to obtain a conveyance of the north half of it from Brahe, on the grounds that the parties had, prior to ’ the entry, made an agreement attempting to create such a trust, and that in…
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Error from Cowley District Court. Action by Ballou, brought for the purpose of having the entry made by Brake of a certain quarter-section of land of the Osage Diminished Reserve Lands, in Cowley county, declared to have been made by him in trust for the use and benefit of Ballou, and to obtain a conveyance of the north half of it from Brahe, on the grounds that the parties had, prior to ’ the entry, made an agreement attempting to create such a trust, and that in consequence of such oral agreement Brahe had settled upon and improved and entered the land in his own name, and Ballou had let…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The defendant in error (plaintiff below) states the facts of this case as follows:
“In the month of March 1871, the parties entered into a verbal contract, the terms of which were in substance, that Brake was to settle upon the land in controversy, the same being a quarter-section of the Osage Diminished Reserve, situated in Cowley county, and enter the same at the U. S. Land-Office for the benefit of Ballou, who was to furnish the money to- make the improvements on the land necessary to enter the same under the laws of the United States,…
2Cases cited6 opinions
- Franklin v. ColleySupreme Court of Kansas · 1872
- Tucker v. AllenSupreme Court of Kansas · 1876
- Brewster v. MaddenSupreme Court of Kansas · 1875
- Snow v. FlannerySupreme Court of Iowa · 1860
- Foster v. BrostSupreme Court of Kansas · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kreamer v. EarlCalifornia Supreme Court · 1891
- Stephens v. BallouSupreme Court of Kansas · 1882
- Weber v. LaidlerWashington Supreme Court · 1901
- Mellison v. AllenSupreme Court of Kansas · 1883
- Wilcox v. JohnSupreme Court of Colorado · 1895
13 more not listed; retrieve them via the Exa API.