Lyons v. Bodenhamer
Supreme Court of Kansas
Error from Bourbon District Court. Action brought by Amanda A. Bodenhamer, Henry H. Hart, Mary J. Hart, John F. Hart, and Elizabeth Hart, against M. B. Lyons and John Clifton, to compel the performance of a trust. ' The petition alleged that the plaintiffs were the children and heirs-at-law of William S. Hart deceased; that the said William, at the time of his decease, in November, 1861, was the equitable owner and was in possession of a certain quarter section of land in…
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Error from Bourbon District Court. Action brought by Amanda A. Bodenhamer, Henry H. Hart, Mary J. Hart, John F. Hart, and Elizabeth Hart, against M. B. Lyons and John Clifton, to compel the performance of a trust. ' The petition alleged that the plaintiffs were the children and heirs-at-law of William S. Hart deceased; that the said William, at the time of his decease, in November, 1861, was the equitable owner and was in possession of a certain quarter section of land in Bourbon county, on which the plaintiffs, and their mother, Sarah Hart, continued to reside until the decease of said…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The defendants in error, plaintiffs below, are the children and heirs-at-law of William S. Hart, who died in November, 1861. In October, -1861, Hart borrowed from the plaintiff in error, M'. B. Lyons, a land warrant belonging to his brother William Lyons, of Ohio, and located it upon a certain quarter section of lanc^ in the name of said William Lyons. It was borrowed to be replaced by another warrant in three loeeks, and if he did not replace it in three months, then the land was to .belong to William Lyons. M. B. Lyons was the agent of…
2Cases cited1 opinion
- Millard v. HathawayCalifornia Supreme Court · 1865
3Cited by7 opinions
- City of Atchison v. ByrnesSupreme Court of Kansas · 1879
- Utley v. FeeSupreme Court of Kansas · 1885
- Allbert v. AllbertSupreme Court of Kansas · 1938
- Kennedy v. TaylorSupreme Court of Kansas · 1878
- Great Spirit Springs Co. v. Chicago Lumber Co.Supreme Court of Kansas · 1892
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