Lemert v. Barnes
Supreme Court of Kansas
Error from, Neosho District Court. Action to quiet title to certain lands, brought by Giltenan, the testator of Barnes, defendant in error. The case was here in July 1874; (13 Kas. 476.) On being remanded to the district court, it was again tried, at the December Term 1874, the trial resulting in a finding and judgment in favor of Lemert, defendant.
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Error from, Neosho District Court. Action to quiet title to certain lands, brought by Giltenan, the testator of Barnes, defendant in error. The case was here in July 1874; (13 Kas. 476.) On being remanded to the district court, it was again tried, at the December Term 1874, the trial resulting in a finding and judgment in favor of Lemert, defendant. Certain proceedings were thereupon taken by Giltenan, as an “occupying claimant,” for the allowance of the purchase-money paid and the improvements made by him, which proceedings were concluded at the April Term 1875. They are sufficiently stated…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This action was originally commenced by Daniel Giltenan against B. W. Lemert, to quiet title to a certain piece of land. Lemert answered, setting up title in himself, and asking for a judgment in his favor for the recovery of said land, and for the possession thereof. The case was afterward tried; judgment was rendered in favor of the defendant; the plaintiff then brought the case to this court, where the judgment of the court below was reversed, and cause remanded for a new trial. (Giltenan v. Lemert, 13 Kas. 476.) A new trial was…
Also in this document: Concurrence.
2Cases cited2 opinions
- Krause v. MeansSupreme Court of Kansas · 1873
- Giltenan v. LemertSupreme Court of Kansas · 1874
3Cited by3 opinions
- Pritchard v. CrouserWest Virginia Supreme Court · 1985
- Renensland v. EllenbergerCourt of Appeals of Kansas · 1977
- Carlyle v. PeeSupreme Court of Kansas · 1929