Legal Opinion

Atchison, Topeka & Santa Fé Railroad v. Mecklim

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 6 opinions

Error from, Barton District Court. Action in the nature of ejectment, brought by the A. T, .& 8. F. Bid. Co. v. ‘Mecklim. Trial by the court at the March Term, 1878, and findings and judgment for the defendant-The plaintiff brings the ease to this court. The facts, pleadings and proceedings are fully stated in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The action below was one in the nature of' ejectment, brought by plaintiff in error against the defendant in error, to recover the possession of a quarter-section of land in Barton county. The petition was filed May 16th, 1877,. and was in the ordinary form, alleging title in plaintiff, and that the defendant unlawfully kept the plaintiff out of possession. The answer admitted that the legal title to the land' in controversy was in the plaintiff, but set up a homestead settlement and entry, under the laws of the United States, which it…

2Cases cited1 opinion

  1. Blease v. GarlingtonSupreme Court of the United States · 1876

3Cited by6 opinions

  1. Shaffer v. GovreauSupreme Court of Oklahoma · 1912
  2. Atchison, Topeka & Santa Fé Railroad v. KellerSupreme Court of Kansas · 1884
  3. Burnham v. StarkeySupreme Court of Kansas · 1889
  4. East Ala. Railway Co. v. Tenn. & Coosa Rivers RailroadSupreme Court of Alabama · 1884
  5. Fearns v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1885

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