Stringfellow v. Alderson
Supreme Court of Kansas
Fhror from Atchison District Court. The only question here is as to the sufficiency of a defense interposed by Alderson to a petition in ejectment, when raised by demurrer. The form and substance of the defense appear in the opinion, infra. The district court, at the 'March Term 1873, overruled the demurrer, and Stringfellow brings the case here. The court erred in sustaining the demurrer.
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Fhror from Atchison District Court. The only question here is as to the sufficiency of a defense interposed by Alderson to a petition in ejectment, when raised by demurrer. The form and substance of the defense appear in the opinion, infra. The district court, at the 'March Term 1873, overruled the demurrer, and Stringfellow brings the case here. The court erred in sustaining the demurrer. The 5th defense states the mere naked fact that “Atkinson had a contract of sale for the real estate sought to be recovered by plaintiff, and that defendants have the right of possession by the consent of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Plaintiff brought his action of ejectment against defendants, filing therein a statutory petition. Defendants answered, setting up several defenses. A demurrer to the fifth defense was overruled, and this is the error complained of. This fifth defense alleges substantially a contract of sale from plaintiff to one E. L. Atkinson, an entry into possession by said Atkinson, with the consent of plaintiff, and a possession by defendánts by and with the consent of Atkinson in his lifetime, and of his heirs since his decease. The contract of sale…
2Cited by1 opinion
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