Marshall v. Shibley
Supreme Court of Kansas
Mror from Marshall District Court. Ejectment brought by Marshall to recover possession of a quarter-section of land. Shibley claimed title as grantee of plaintiff’s assignee. The opinion contains a sufficient statement of the facts. The case was tried at the March Term 1872, and judgment given for the defendant.
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Mror from Marshall District Court. Ejectment brought by Marshall to recover possession of a quarter-section of land. Shibley claimed title as grantee of plaintiff’s assignee. The opinion contains a sufficient statement of the facts. The case was tried at the March Term 1872, and judgment given for the defendant. Plaintiff brings the case here for review. 1. The court erred in not requiring defendant to show that Williams had the authority from Marshall, and did make a bona fide assignment for a legal object, and that the assignee had complied with the law by giving bond, making an inventory,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of ejectment in the district court of Marshall county. The facts are these: Plaintiff was the patentee of the land. In 1862 he executed a power of attorney to a former partner, H. D. Williams, to sell and convey all his real estate in the state of Kansas, and “to convey or assign away any and all of his property either real or personal in said.state, either in payment or to secure the payment of debts due or to become due.” Under this power of attorney Williams in the same year made a deed of assignment to J. D. Brumbaugh…
2Cases cited3 opinions
- Washington Life Insurance v. HaneySupreme Court of Kansas · 1873
- Walker v. ArmstrongSupreme Court of Kansas · 1863
- Pacific Railroad v. NashSupreme Court of Kansas · 1871
3Cited by6 opinions
- Cross v. Burlington National BankSupreme Court of Kansas · 1876
- Rheinhart v. StateSupreme Court of Kansas · 1875
- Blackford v. Westchester Fire Ins.Court of Appeals for the Eighth Circuit · 1900
- Board of Comm'rs v. RobertsSupreme Court of Kansas · 1879
- Wendell v. HeimSupreme Court of Kansas · 1912
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