McArthur v. Fry
Supreme Court of Kansas
Error from Jefferson District Court. McArthur, an attorney-at-law, brought his action to compel the specific performance of a certain contract, (which is set forth in full in the opinion.) The deed mentioned in the contract was executed by the defendant Eliza Fry, (by her then name of “Eliza Byron,”) on the 3d of March 1862. McArthur in his petition alleges that he brought and prosecuted several actions successfully to set aside and cancel certain assessments and levies made…
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Error from Jefferson District Court. McArthur, an attorney-at-law, brought his action to compel the specific performance of a certain contract, (which is set forth in full in the opinion.) The deed mentioned in the contract was executed by the defendant Eliza Fry, (by her then name of “Eliza Byron,”) on the 3d of March 1862. McArthur in his petition alleges that he brought and prosecuted several actions successfully to set aside and cancel certain assessments and levies made upon, and certain tax certificates issued on tax sales of, the surveys or lands mentioned in said contract, and brought…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This was an action brought by the plaintiff in error to compel the execution of the following contract :
“I do hereby employ and retain L. McArthur, of Topeka, Shawnee county, state of Kansas, to institute suit against George W. Ewing to set aside a deed executed by me to him for my undivided interest in surveys'19, 20, 21 and 22, of the Kansas Half-Breed lands, situated in Jefferson county, state of Kansas, on the north bank of the Kansas river, reserved to the four children of Cecile Compare, by the Treaty of A.D. 1825, between the…
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