Legal Opinion

Russell v. Seery

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 6 opinions

Error from Shawnee District Court. Arbitration proceedings between John W. Russell and Mary E. Seery, as administratrix of the estate of James Seery, deceased. From a judgment setting aside the award filed, Russell brings error. Further facts are stated in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

James Seery and wife conveyed a tract of land to John W. Russell by warranty deed, which was described by metes and bounds. The width of the tract as described in the deed was 20 rods and 63 links, whereas the » width of the tract actually owned by Seery was 20T6T3T rods, and this latter description was shown by the abstract of title which was furnished by Seery. By the conveyance, Seery undertook to convey more land than he actually owned, and Russell claimed damages from Seery upon this ground. Being unable to agree, they submitted the…

2Cases cited1 opinion

  1. Weir v. WestSupreme Court of Kansas · 1882

3Cited by6 opinions

  1. Pratt v. ConnorCalifornia Supreme Court · 1900
  2. Lillard v. Board of County CommissionersSupreme Court of Kansas · 1918
  3. Southern Live Stock Insurance v. BenjaminSupreme Court of Georgia · 1901
  4. Washington National Bank v. MyersSupreme Court of Kansas · 1919
  5. Gillioz v. City of EmporiaSupreme Court of Kansas · 1939

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